Court of Civil Appeals of Texas, 1923

Robertson Co. v. Beall

Robertson Co. v. Beall
Court of Civil Appeals of Texas · Decided April 19, 1923 · Higgins
251 S.W. 1119; 1923 Tex. App. LEXIS 220 (South Western Reporter)

Robertson Co. v. Beall

Opinion of the Court

HIGGINS, J.

The first three items of expense mentioned in the third paragraph of the court’s conclusions of law were not occasioned by unavoidable casualties within the meaning of the lease contract. Tays v. Ecker, 6 Tex. Civ. App. 188, 24 S. W. 954; Welles v. Castles; 3 Gray, (Mass.) 323. The tenant was therefore liable therefor.

As to the remaining item' mentioned in said paragraph, the evidence supports the finding that it was not due to ordinary wear and tear.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.