White v. Steele

On Motion for Rehearing.

We have concluded that we were in error in the application of the general rule to the case ■at bar.

As argued by plaintiff in error in his motion for rehearing, there appears to be a well-established exception that in the lea-sing of rooms and apartments in buildings, a destruction of the building terminates the lease and with it the liability of the tenant for rents thereafter -accruing. 16 R. O. L. § 469, and authorities cited; 36 C. J. §1131; Jones v. Fowler Drug Co., 120 Ky. 157, 85 S. W. 721, 9 Ann. Cas. 105, note page 107; Beham v. Ghio, 75 Tex. 87, 12 S. W. 996;…