Smith v. Roberts

370 N.E.2d 271 (1977)

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Nature of the Case

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Facts

P and D entered into a lease agreement for the rental of the first floor and basement of property right next to D's men's clothing store. D intended to make an opening through their east wall and P's west wall in order to establish a department which would be called the Gas Light Room. The main store building of D was completely destroyed by fire. After D failed to reoccupy the leased premises -- which suffered only smoke damage -- P filed suit for breach of the lease. The trial court found that the lease had been terminated because the destruction of D's main store excused performance on its part. P appealed.