118 Wis. 273 | Wis. | 1903
The decision in this case necessarily turns upon the construction to be given to the clause of the lease quoted in the foregoing statement. The court found that one of the buildings upon the leased premises was destroyed by fire. It is, in effect, conceded that such destruction by fire was “without any default or neglect of the lessee,” and that to that extent the premises became “untenantable and unfit for occupancy.”' The clause of the lease in question was applicable “in case any building” on the leased premises should be so destroyed. As applied to the facts in the case, it provides, in effect, that, “in case any building or buildings on said premises” shall be so destroyed, “the lessee shall not be liable or bound to pay rent to the lessor until the same are rebuilt or'repaired, or he may thereupon quit and surrender possession of the premises.” It is found by the court and conceded that the lessee did not, after the fire, quit or
By the Court. — The judgment of the circuit court is reversed, and the cause is remanded with direction to dismiss the complaint.