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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

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In the instant case, there is no dispute in the evidence that the fire very substantially injured the demised premises. The lowest estimate of restoring it, conceding that it could be restored, was $5,000, and this left out the necessary wiring and plumbing. These items would have increased the estimate to over $7,000. As the premises were substantially destroyed, at least under the rule of the Varble case, the appellant, but for the quoted clause of his lease, would have been relieved from having to pay further rent or from having to restore the premises. The quoted clause of the lease gave the appellees the right, under the same circumstances as would have relieved the appellant from the lease, to declare the lease at an end or to restore the premises; the tenant being relieved of the rent during the time of the restoration. This being true, the appellees clearly had the right under the undisputed facts in this case, to declare the lease at an end. This they did, and hence they were not liable to the appellant as he claimed.