Windsor Real Estate & Mortgage Co. v. Ruma

CARL R. GAERTNER, Presiding Judge.

Plaintiff Windsor Real Estate and Mortgage Company was the lessor and defendant Thomas Ruma was the lessee of premises in the Covington Manor Shopping Center in St. Louis County. The shop space was a shell when defendant took possession of it in 1976. Defendant improved the premises between 1976 and 1979, however, converting the shell into a pizza parlor and commissary.

On October 7, 1979, a fire rendered the premises “unfit for occupancy” within the meaning of paragraph 18 of the lease. In pertinent part, paragraph 18 provided:

If the demised premises shall be…