Hickok v. Turner

*471OPINION

By the Court,

Badt, J.:

The question presented is the right of a lessee to recover from his lessors prepaid unearned rentals on the leased premises which had been destroyed by fire. Action for recovery of these rentals was filed by the assignee of the original lessee. Such assignee is herein referred to as the lessee. The question is resolved by a construction of the written lease. It provided for the payment by the lessee to the lessors of $2,400, being six months’ rental at $400 a month, to apply, respectively, on the first and last five months’ rent. The payment was to assure…