Lieberthal v. Montgomery

• Decision Date: 27 September 1899
• Court: Michigan Supreme Court
• Parties: LIEBERTHAL v. MONTGOMERY.

80 N.W. 115

121 Mich. 369

LIEBERTHAL v. MONTGOMERY.

Supreme Court of Michigan

September 27, 1899

Error to circuit court, Dickson county; Joseph H. Steere, Judge.

Action by Sadie H. Lieberthal against C. W. Montgomery, executor. From a judgment for defendant, plaintiff brings error. Affirmed.

Cook &amp Pelham, for appellant.

John O'Hara, for appellee.

LONG J.

The facts in this case are not in dispute. It appears that on May 28, 1897, plaintiff leased from the defendant estate, for a term of 11 months from and after June 1, 1897, the following described premises: The south storeroom on the ground floor of the two-story brick building situated on lot 10, block 11, Iron Mountain City, and also the part of said lot back of said building; said part of lot to be used by plaintiff in common with other tenants in said building if any there might be. The premises leased were to be occupied for general store purposes. The rental was $50 per month, payable in advance on the 1st day of each month commencing on the 1st day of June, 1897. The lease was in writing. Plaintiff entered into possession of the premises under the lease, and paid rent, pursuant to the terms of the lease, down to and including the month of January, 1898. The building was also occupied by other tenants and by the defendant estate. On January 10, 1898, the building was damaged by fire without the fault of either party, and the room occupied by the plaintiff was thereby rendered untenantable. The outer walls, roof, and second story remained intact. There was no covenant in the lease on the part of the lessor to repair, and the demised room was not repaired during the month of January. There was also no covenant on the part of the lessor to refund any portion of the rent paid in advance in case the demised premises were rendered untenantable by fire or other casualty. This action was commenced to recover the moneys paid in advance for the rent for the month of January. The cause was tried in justice court, where plaintiff had judgment. On appeal to the circuit, the cause came on for trial; and after the plaintiff had introduced the lease in evidence, and stated the facts as above, the trial court directed the verdict in favor of defendant. Plaintiff brings error.

The general rule is well settled that when the tenant covenants to pay rent, and does not provide against liability in case of destruction of the premises by fire or other...