Ragan v. . Lebovitz

Civil action to recover rent alleged to be due under a written contract.

It is stipulated in the written lease that the premises "are to be used for a department store, and not to be used for any other purpose without the written consent of the lessor," and further: "Should the premises hereby leased be destroyed or rendered unfit for use by fire or other unavoidable cause, this lease immediately becomes void."

On the trial the court instructed the jury as follows:

"The court is of the opinion, gentlemen, and so interprets this lease in question, that the lease, by reason of the fire was not…