Salina Coca-Cola Bottling Corp. v. Rogers

The opinion of the court was delivered by

Wedell, J.:

This was an action by a tenant against the landlord for reimbursement of rents paid in advance over the full period of a term lease in accordance with the provisions of the lease contract, the building having been destroyed by fire before the expiration of the term. The defendant’s answer pleaded as a defense that the fire was occasioned by plaintiff’s, the tenant’s, negligence. The defendant also filed a cross petition in which she sought recovery for the value of the building.

Plaintiff’s reply contained a demurrer to defendant’s answer…