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Morris v. Durham

Kentucky Court of Appeals
443 S.W.2d 642 (1969)


Facts

Lillian Luxon, William Luxon, and Ann Durham (plaintiffs) leased a portion of a building to Dallas Morris (defendant). The lease stated that if the building was destroyed by fire, Morris would not have to pay rent until the building was rebuilt or repaired. The lease stated further that the plaintiffs were required to make necessary repairs in the case of “damage to the building by fire.” The building was completely destroyed by fire. Morris claimed that the plaintiffs were required to rebuild the building. The plaintiffs brought suit seeking a declaration that they were not required to rebuild the building. The trial court ruled in their favor. Morris appealed.

Rule of Law

Issue

Holding and Reasoning (Steinfeld, J.)

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