Standard Drug Store v. A. E. Wood & Co.

Michigan Supreme Court

Standard Drug Store v. A. E. Wood & Co.

173 N.W. 374, 206 Mich. 564, 1919 Mich. LEXIS 694

CourtMichigan Supreme Court

DecidedJuly 17, 1919

DocketDocket No. 1

StatusPublished

Cited by1 cases

This text of 173 N.W. 374 (Standard Drug Store v. A. E. Wood & Co.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Standard Drug Store v. A. E. Wood & Co., 173 N.W. 374, 206 Mich. 564, 1919 Mich. LEXIS 694 (Mich. 1919).

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Opinions

Ostrander, J.

{after stating the facts). The suit is brought upon the contract fo pay rent. Unless the contract was ended by the fire, the duty to pay the rent is clear. How did the fire affect the contract relations of thh parties? The leased premises were not destroyed. They were, a part of them, rendered untenantable until repaired. They can be repaired. No contract duty rests upon the landlord to repair them. No breach of any covenant in the lease by the landlord is made out. We are of opinion that upon the authority of our own.decisions, which have been referred to, the lease is in force.

[571]*571It follows that the judgment is wrong and should be reversed and a new trial granted.

Bird, C. J., and Steere, Brooke, Fellows, and Stone, JJ., concurred with Ostrander, J.

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Ostrander, J.

{after stating the facts). The suit is brought upon the contract fo pay rent. Unless the contract was ended by the fire, the duty to pay the rent is clear. How did the fire affect the contract relations of thh parties? The leased premises were not destroyed. They were, a part of them, rendered untenantable until repaired. They can be repaired. No contract duty rests upon the landlord to repair them. No breach of any covenant in the lease by the landlord is made out. We are of opinion that upon the authority of our own.decisions, which have been referred to, the lease is in force.

[571]*571It follows that the judgment is wrong and should be reversed and a new trial granted.

Bird, C. J., and Steere, Brooke, Fellows, and Stone, JJ., concurred with Ostrander, J.

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Bluebook (online)

173 N.W. 374, 206 Mich. 564, 1919 Mich. LEXIS 694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/standard-drug-store-v-a-e-wood-co-mich-1919.

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