79 Ind. App. 505 | Ind. Ct. App. | 1923
On December 10, 1917, appellant and appellees entered into a rental contract by the terms of which appellees leased to appellants a certain building for a period of one year, commencing December 31, 1918, at a rental of $150 per month, payable monthly in advance, lessee at its own expense to furnish a heating system, and make other improvements, “but not to the injury or weakening of-the walls” of the building; lessee at the expiration of the lease to “surrender” the premises “in as good condition as at present, natural wear and tear excepted.” Appellant leased the building, as appellees knew, for the purpose of conducting therein the business of manufacturing automobile tires, which business made it necessary for appellant to equip the building with suitable machinery for that purpose. Having taken possession of the building under the lease, appellant installed a heating plant and such machinery as was required for the business contemplated. In the installation of the heating plant and machinery, it became necessary to, and appellant did, cut many holes in the basement, and in the floors and walls, and removed a part of the basement floor, a part of the ceiling, and certain joists supporting the second floor. During the occupancy of the building by appellant a large number of window glass in the windows of the building were
This action is by appellees against appellant for rent and for damages for failure to repair and to restore the leased premises. By a special finding, the trial court found the above facts, and stated thereon its conclusions of law. Conclusions numbered 2, 3 and 4 are, in substance, as follows: (2) By holding over, and by the payment of rent for the months of January, February, March and April, 1920, appellant became obligated to pay rent for the entire year of 1920, upon the terms of the original lease; (3) appellees are entitled to recover rent from May 1, 1920, to Deecmber 31, 1920, at the rate of $150 per month; (4) that appellees are entitled to recover damages on account of appellant’s breach of the covenant of the lease to surrender the premises at the expiration of the lease in as good condition as the same was when appellant took possession, natural wear and tear excepted, in the sum of $877.
Appellant’s motion for a new trial was overruled, and judgment was rendered in accordance with the court’s conclusions of law. Errors assigned and relied upon for reversal are that the court erred in each of its conclusions of law, and in overruling the motion for a new trial.
The trial court erred in its conclusion of law numbered 3.
In as much as it is impossible to know from the facts found by the court just how much of the damages included in the judgment was for expenses incurred in repairs made necessary by installing the heating plant, and by changes made necessary in fitting the building so that it would be suitable for the manufacture of tires, it will be necessary to grant a new trial.
Judgment reversed, and new trial ordered.