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Marcovich Land Co. v. J.J. Newberry Co.

Indiana Court of Appeals
413 N.E.2d 935 (1980)


Paul March and Walter March are the legal successors-in-interest to Marcovich Land Corporation (Marcovich) (defendant). On September 30, 1953, Marcovich leased commercial premises to J.J. Newberry Company (Newberry) (plaintiff). The lease contained a clause that specified that, in the event the premises were damaged or destroyed by fire, Marcovich would be responsible for repairing or reconstructing the premises at its own expense. On December 30, 1971, the building was completely destroyed by fire. Marcovich did not rebuild the structure because it would have cost at least $452,000.00, an amount which Marcovich considered commercially unfeasible. Newberry sued Marcovich for lost profits as a result of his refusal to rebuild, and was awarded a judgment of $117,000.00.

Rule of Law


Holding and Reasoning (Miller, J.)

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