Lynn v. DePue Warehouse Co.

Defendant tenant appeals from a money judgment in favor of plaintiff landlord for damages, towit: a eraeldng and sagging of the foundation and timbers of leased premises, a warehouse, alleged and found by the trial court to have been caused by (1) breach of the tenant’s covenant to repair, and (2) negligence of the tenant.

The occurrence and extent of the damage are not questioned, but defendant contends that it neither breached the lease covenants nor was it negligent.

The tenant, under the terms of the lease, agreed to use the premises for the storage of fertilizer. It accepted the premises…