Fresh Cut, Inc. v. Fazli

In this case, Fresh Cut, Inc. agreed in August 1986, to lease an uninhabitable building owned by Fazli. Only the lease's alleged sprinkler maintenance requirement made the building legally fit for use. During the term of the lease, after repeated warnings to Fazli from the Marion County Fire Department, the worst finally happened: in 1989 the building burned down, imposing losses on both Fazli and Fresh Cut.

Now, after having benefitted substantially from this lease, Fazli wishes to benefit yet again. Specifically, after having received approximately $100,000 in rent, he wants this Court to…