Davis v. Parker

Opinion of the Court by

Judge McCandless

Affirming.

By proper assignment appellant held a five-year lease on a building which was destroyed by fire.- The lessors refused to rebuild and he sued them for damages. A demurrer was sustained to the petition and it was dismissed, and from that judgment he appeals.

The sole question raised is as to the proper construction of the lease. This i® on a printed form, with the blanks and several clauses typewritten. The controversy is over one of these, which reads:

“Said lessors further agree that in the event the building hereby demised shall be destroyed by…