Hardware Mutual Casualty Co. v. Bob White Oldsmobile-Cadillac, Inc.

Acting upon their contract rights after payment upon lessor’s insurance policies, plaintiffs sued the defendant, lessee, for damages alleged to have been sustained by reason of negligently causing a fire which destroyed lessor’s property. Plaintiffs appeal from the order of the trial court dismissing the complaint with prejudice as a judgment on the pleadings.

The trial court’s memorandum stated that the issue was a question of law and that:

“It is held that the intent of the lease is to free the Lessee from liability where the leasehold is damaged or destroyed by fire, whether or not the fire…