Buchanan v. Hieber

(After stating the foregoing facts.) Paragraph number 11 of the lease contract under which the defendant held the premises provides as follows: “If premises are totally destroyed (or so substantially damaged as to be untenantable) by storm, fire, earthquake, or other casualty, this lease shall terminate as of the date of such destruction or damage, and rental shall be accounted for as between Lessor and Lessee as of that date. If premises are damaged but not rendered wholly untenantable by any such casualty rental shall abate in proportion as the premises have been damaged and Lessor shall…