Di Carlo v. Campo

Plaintiff claims $200, with interest and attorney’s fees) under a written lease and four certain rent notes of $50 each. Defendant admits the execution of the lease and notes, but, by way of special defense, alleges that “on June 3, 1929, the said premises so leased to this defendant to be used as a colored pool room, as stated in said lease, caught fire and were totally destroyed by fire and ceased to be fit for the purpose for which it was leased, by reason whereof said lease was at an end as of said date.’’

The following articles of the Civil Code are of interest here:

Article 2697. “If,…