Atlantic Discount Corp. v. Mangel’s of North Carolina, Inc.
North Carolina Court of Appeals
163 S.E.2d 295 (1968)
The plaintiff owned a large building and leased a small portion of it to the defendant for retail use. The entire building was destroyed by fire. The plaintiff filed suit, seeking a declaratory ruling that the destruction of the building by fire terminated the lease. The defendant argued that the plaintiff was required to restore the building, relying on a provision in the lease requiring the plaintiff keep the leased premises in good order and repair. The trial court ruled in favor of the plaintiff. The defendant appealed.
Rule of Law
Holding and Reasoning (Brock, J.)
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