Hunnewell v. Bangs

This is an action for an eviction of the plaintiff, in April, 1892, by the defendants, his lessors. At the trial, the defendants offered to prove that on March 30, 1892, the building demised was destroyed or damaged by fire so that thereby it was rendered unfit for use and habitation, and relied on this fact as giving them a right to end the lease. On April 1, 1892, the *133day after the fire, the plaintiff had tendered the full amount of the rent then falling due, without asking any abatement on account of the damages in respect of the last day of the month, and had denied that the premises had…