Hecht v. Herrwagen

This is an appeal from a judgment entered on the verdict of a jury by direction of the court.

This action was brought to recover the sum of $158.33 as rent for the month of August, 1891, under a written lease between the plaintiff and the defendant, of certain premises in Prince street 'in this city.

The lease contained, among other things, this clause, “ But if the premises be so damaged by fire that the landlord shall decide to rebuild, the term shall cease and the accrued rent be paid up to the time of the fire.”

It is conceded that the buildings were so damaged by fire on the 12th day of…