Standard Drug Store v. A. E. Wood & Co.
Michigan Supreme Court
Error to Wayne; Codd, J. Assumpsit by the Standard Drug Store against A. E. Wood & Company for rent. Judgment for defendant on a directed verdict. Plaintiff brings error.
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Error to Wayne; Codd, J. Assumpsit by the Standard Drug Store against A. E. Wood & Company for rent. Judgment for defendant on a directed verdict. Plaintiff brings error. Act No. 42, Public Acts of 1917, provides that when any leased or rented building is destroyed or is so injured by the elements, or in any other way, as to be untenantable or unfit for occupancy, and no express agreement to the contrary has been made in writing, the lessee, or occupant may, if the destruction or injury occurred without his fault or neglect, quit and surrender possession of the building, and of the land so…
1Opinion of the CourtOstrander, J.
{after stating the facts). The suit is brought upon the contract fo pay rent. Unless the contract was ended by the fire, the duty to pay the rent is clear. How did the fire affect the contract relations of thh parties? The leased premises were not destroyed. They were, a part of them, rendered untenantable until repaired. They can be repaired. No contract duty rests upon the landlord to repair them. No breach of any covenant in the lease by the landlord is made out. We are of opinion that upon the authority of our own.decisions, which have been referred to, the lease is in force.
*571It follows…
2Cited by1 opinion
- Standard Drug Store v. A. E. Wood & Co.Michigan Supreme Court · 1924