Allen v. Fisher

The opinion of the court was delivered by

Gummere, J.

This is an action of ejectment instituted by the plaintiff in error, the owner of a certain hotel property situated in Atlantic City, against the defendant in error, who is in possession thereof, under a written lease for a term of five years, dated the 15th day of July, 1898. During the *262latter part of the summer of 1899 the building on the premises was partially destroyed by a fire, which occurred without the fault of the lessee. The building has not since been repaired, and from that time to the commencement of this suit no rent has been…