Kennedy v. Loose-Wiles Biscuit Co.

Opinion by

Keller, J.,

This was an action of assumpsit by a landlord against his tenant for damages resulting from the latter’s failure to. yield up the leased buddings, as covenanted in the lease, “in as good condition as when the samé were entered upon, injury or impairment re- suiting from fire, lightning, cyclone or other accident or calamity, or from weakness or decay, and usual wear and tear excepted.”

The specific matters complained of were negligent injuries to the heating system, certain plumbing fixtures, the garage doors and the cement floor in the garage.

The evidence raised issues of…