Robertson Co. v. Beall

Court of Appeals of Texas

Robertson Co. v. Beall

251 S.W. 1119, 1923 Tex. App. LEXIS 220

CourtCourt of Appeals of Texas

DecidedApril 19, 1923

DocketNo. 1471.

StatusPublished

This text of 251 S.W. 1119 (Robertson Co. v. Beall) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Robertson Co. v. Beall, 251 S.W. 1119, 1923 Tex. App. LEXIS 220 (Tex. Ct. App. 1923).

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Opinion

HIGGINS, J.

The first three items of expense mentioned in the third paragraph of the court’s conclusions of law were not occasioned by unavoidable casualties within the meaning of the lease contract. Tays v. Ecker, 6 Tex. Civ. App. 188, 24 S. W. 954; Welles v. Castles; 3 Gray, (Mass.) 323. The tenant was therefore liable therefor.

As to the remaining item' mentioned in said paragraph, the evidence supports the finding that it was not due to ordinary wear and tear.

Affirmed.

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HIGGINS, J.

The first three items of expense mentioned in the third paragraph of the court’s conclusions of law were not occasioned by unavoidable casualties within the meaning of the lease contract. Tays v. Ecker, 6 Tex. Civ. App. 188, 24 S. W. 954; Welles v. Castles; 3 Gray, (Mass.) 323. The tenant was therefore liable therefor.

As to the remaining item' mentioned in said paragraph, the evidence supports the finding that it was not due to ordinary wear and tear.

Affirmed.

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251 S.W. 1119, 1923 Tex. App. LEXIS 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robertson-co-v-beall-texapp-1923.

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