Slocum v. Natural Products Co.

The questions now before us arise out of a count in contract wherein the plaintiffs as lessors declare for breach by the defendant as lessee of a covenant in a lease “to make all repairs, both outside and inside usual or necessary to keep the demised premises in good repair and condition in every respect during the term of this lease, damage by fire or unavoidable casualty only excepted.”

During the term the premises were substantially damaged by fire. The plaintiffs contend that by the true interpretation of the covenant, damage by fire is not within the exception, unless the fire itself was…