Bilich v. Green

REDMANN, Judge.

In this appeal the lessee of a building, rendered unusable by fire not attributed to either lessee or lessor, seeks reversal of a judgment which held him liable to his lessor for the cost of removing the lessee’s equipment and materials damaged in the fire.

We reject the lessor’s theory that the case is governed by the lease provision obliging lessee “at the termination or cancellation of this lease to return the premises broom clean and free of trash, and in like good order as received”. By its terms the lease was “cancelled” by the fire, but to read such a cancellation into…