Amick v. Metropolitan Mortgage & Securities Co.

DIMOND, Justice.

Appellee Metropolitan Mortgage and Securities Company, Inc., obtained a judgment against appellant in the amount of $22,667 representing unpaid rentals for premises leased from Metropolitan for the period June 1, 1965 through June 30, 1966. Appellant’s first point on this appeal is that the rent for the period involved had been suspended and abated by reason of Metropolitan’s failure to repair the leased premises which had been damaged by an earthquake on March 27, 1964.

Pertinent here is section 3.a. of the lease which provides:

It is mutually agreed by and between the lessor…