54 Ind. App. 625 | Ind. | 1913
This is a suit by appellant against appellees to recover damages for an alleged breach of the covenants of a lease. Appellant has assigned as error the overruling of his motion for a new trial. The lease, which was for a stone mill, was executed on January 12, 1903, and by successive continuations was in force until March 31, 1908. The complaint avers breaches of the covenants to keep the property in good and sufficient repair. The covenants relied on are as, follows: “And the said Brooks-Curtis Stone Company hereby covenants and agrees to use due care and at the termination of this lease surrender the possession of the said premises and appurtenances to the said William L. Kann in like good order and repair as the same
Some questions relating to the admission and exclusion of evidence are suggested in the briefs. Many of the objections, if any, are not shown by the briefs. So far as presented, we find no error harmful to appellant. However, a careful reading of all the briefs shows that the whole controversy centers around the construction of the lease on the subject of repairs. As we construe the lease, the trial court was warranted in finding for appellees. There was evidence tending to show that the lessees expended an unusually large amount for repairs each year and that appellant after the term expired expressed himself as satisfied with the condition of the property. The evidence was conflicting but there is no failure of evidence to support the judgment. We find no available error in the record. Judgment affirmed.
Note.—Reported in 101 N. E. 513. See, also, under (1) 3 Cyc. 360; (2) 24 Cyc. 914; (3) 9 Cyc. 579, 580; (5) 24 Cyc. 1111; (6)