Orient Insurance v. Pioneer Mill Co.

*713DISSENTING OPINION OF

CIRCUIT JUDGE O’BRIEN.

Being nnable to agree with the conclusion reached by the majority in this case, I respectfully dissent.

In my opinion, the covenant made by the lessee, “that it will keep all buildings, structures and erections now on the demised premises in good order and repair,’’ obligated the defendant to rebuild the structure destroyed by fire, or to respond in damage for its failure so to do.

Before considering the effect of a covenant to repair contained in a lease, it might be well to consider upon whom the law imposes the duty to make repairs to leased…