Cleaver v. Drake-Brannum Const. Co.

On Motion for Rehearing.

In our original opinion we held that, as ap-pellee, by its contract voluntarily entered into with appellant, bound itself to ’return the property leased and received by it to appellant in as good condition as when received, “fair wear and tear excepted,” without other or further exceptions or reservations, it is bound to make such return or pay the owner of the property its value, and will not, on account of hardships or impossibility of performance of its contract, by reason of the destruction of the property by a flood over which it had no control, be relieved from…