Waddell v. DeJet
Waddell v. DeJet
Opinion of the Court
delivered the opinion of the court.
It is the duty of a court, in construing a contract, to place itself in the situation of the parties at the time the contract was made, and to ascertain their intention from the contract in the light of that situation, looking also to the subject-matter of the contract. So dealing with this contract, we think the clause £ £ damage by fire, wind or water excepted, ’ ’ means, in view of the further stipulation that Mrs. Waddell agreed “to make, at her own expense, all necessary repairs, and not to call on Mrs. DeJet for repairs,” extraordinary damage by fire, wind or water. This harmonizes with the succeeding stipulation that, in case of destruction by fire, wind or water, rent was to cease from that time. If the premises were destroyed by any of these agencies, rent was to cease, and the lessee was not to be liable for such damages—not liable to rebuild. This view is further borne out by the stipulation that the lessee was to return the premises in as good condition as they then were, except “ordinary wear and tear.” “Ordinary wear and tear ” would include any usual deterioration from the use of the premises-in the lapse of time—ten years, a long lease of such property. Extraordinary damage from fire, wind or water would be unusual, partial or total destruction.
Affirmed.
Reference
- Full Case Name
- Stella B. Waddell v. Margaret DeJet
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- 1. Landlord and Tenant. Contract. Construction. Intention. Sit/ua Mon of parties. Condition of property. A court, in construing a contract of lease, should consider the situation of the parties at the time the contract was made, not to add to or vary the terms of the written contract, but to ascertain intention from the contract in the light of that situation, looking to the subject-matter of the agreement and the then condition of the property. 2. Same. Repairs. If a lessee covenants “to take good care of the leased premises, and to return the same in as good order as at the beginning of the lease ordinary wear and tear and damage by fire, wind 'and water ex cepted, . . . and make, at his own expense, all necessary repairs, ” he is obliged to make all such repairs as are necessary to keep the premises in such condition. The exceptions cannot be construed to relieve of such obligations. 3. Same. Insolvency. Cancellation of lease. An insolvent tenant, who violates his obligation to repair, to the extent of endangering the destruction of the leased premises, subjects himself to a suit for the cancellation of his lease.