Rose v. Freeway Aviation, Inc.

585 P.2d 907 (1978)

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Nature of the Case

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Facts

On March 1, 1970, P and D entered into a five-year lease of the building, which was to be used by P for airplane repair work. The lease provided in part: 'D shall be responsible for the payment of all utilities on the leased premises as well as maintaining the leased premises in at least a good condition as they are presently.' In 1973 the doors and frame of the building were extensively damaged when a gasoline truck operated D struck the building. Despite repeated requests by P, the building was never repaired. In September 1974, it was demolished by the storm. P tendered a check for the October rent and asked D to rebuild it. D refused on the ground that the lease had been terminated by the destruction of the building, and returned the check. P sued D for breach of the lease. The court ruled for P and D appealed.