Levey v. Dyess

Citations

• 51 Miss. 501

Syllabus

<p>1. Practice : Circuit Court : Demurrer to decimation.</p> <p>The rule is, that a demurrer to the declaration containing several counts, must be overruled if one count in the declaration be good.</p> <p>2. Lessor and Lessee : Covenant to repair or rebuild.</p> <p>Where D. leased to L. a steam saw mill with implements, etc., for one year for a stipulated price, under the following agreement to redeliver, to-wit: “at the expiration of the twelve months, to deliver to D. the steam saw mill, together with said implements and tenements, and two log carts, the said steam saw mill in good running order, except the usual wear and tear, and the log carts, implements and tenements without damage except the running wear and usage,” and L. took possession of the property in good order. During the tenure, the property was consumed by Are. Reid, that in the absence of proof of neglect or other fault on the part of L., he is not bound to rebuild the mill and tenements.</p> <p>3. Same : Same : Intention of the parties.</p> <p>The intention of the parties is the cardinal rule in the construction of covenants, and the courts will not extend or enlarge the obligations of the ‘lessee, beyond the plain meaning and intention of the parties. In the absence of covenants equivalent to an express simulation to rebuild or restore edifices or structures destroyed by casualty or proof of negligence or fault in the lessee, the loss is on the reversioner.</p> <p>4. Same: Same: 0are. Responsibility.</p> <p>The contemplation of the parties to such a stipulation when applied to houses, a saw mill or machinery is, that the lessee will take ordinary good care of the property, according to its nature, and the responsibility of an insurer is not imposed upon him.</p>