J. M. Denman & Co. v. S. M. Lopez & Co.

The plaintiffs leased to the defendants the “ Falcon House,” from the 1st November, 1854, until the 31st of October, 1855, for the yearly rent of $2,100, payable on the first day of each month. '

On the 28th of November the defendants abandoned the premises.

On the 30th, plaintiffs obtained a provisional seizure, and instituted suit for the year’s rent; the defendants admit the execution of the lease, but allege that it was dissolved by a fortuitous event, which occurred on the 20th Nov.:

“a fire which destroyed the adjacent building, the walls of which fell upon and against the western wall of…