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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Winter v. Taylor, 7 S.W.2d 209 (1928)

Citation
Winter v. Taylor, 7 S.W.2d 209 (1928)
Parent Document
Winter v. Taylor, 7 S.W.2d 209 (1928)
Jurisdiction
Kentucky (state)
Effective Date
1928-06-01

Full Text

732 chars
It was held that this provision imposed no duty on the lessor to restore, although it did relieve the lessee from having to pay rent until the restoration was had. Therefore, when the Brookhill building was damaged by the fire of March 28th, there was no obligation on the part of the appellees to restore the building. As stated, the clause which we have quoted from the lease was inserted to prevent the tenant being entirely discharged from having to pay rent under section 2297 of the Statutes if the building were destroyed by fire, providing the landlord elected to restore the building after such destruction. The word “destroyed” in the lease, therefore, should receive the same construction as the like word in the statute.