Dorr v. Harkness

The opinion of the court was delivered by

Magie, J.

The action in the District Court was brought by Dorr against Harkness to recover rent reserved on a lease-of land whereon stood a house, barn and outbuildings.

Harkness admitted that the rent claimed was unpaid, but denied his liability. His defence was based on the provisions-of the supplement to the Landlord and Tenant act, approved March 5th, 1874 (Rev., p. 576, § 28), which enacts that whenever any building or buildings erected on leased premises shall be injured by fire, without the fault of the lessee, the-landlord shall repair the same…