McCay v. Big Town, Inc.

MERRILL, Justice.

Plaintiffs appeal from a judgment dismissing their suit against defendant for damages resulting from the destruction of plaintiffs’ store building by fire.

Herman McCay and his wife, Mary Shirley McCay, the plaintiffs, leased the building to defendant, Big Town, Inc., and defendant, Bargain Town, U.S.A., guaranteed the performance of the lease by lessee, Big Town, Inc. The period of the lease was October 18, 1967 to December 31, 1977.

In January, 1974, the building was destroyed by fire. On June 21, 1974, plaintiffs filed this suit alleging that the fire was caused by and…