McKinley v. C. Jutte & Co.

Citations

• 230 Pa. 122
• 79 A. 244
• 1911 Pa. LEXIS 573

Syllabus

<p>Landlord and tenant — Covenant for repairs — Surrender in good condition — Act of God.</p> <p>1. Where a lease of a building and machinery provides that the lessee shall make all necessary repairs to the engine, boiler, machinery and other similar fixtures on the premises, keep them in good order and “surrender the same at the end of the term in as good order as they now are, reasonable wear and tear and the acts of God alone excepted,” and a fire destroys the building and machinery before the expiration of the term, the lessee cannot in an action on the covenant defend on the ground that the fire was of unknown origin, that it was not caused by any negligence or default on his part, and that it was an act of God within the meaning of the lease.</p> <p>2. Loss by act of God is such irresistible disaster as results from natural causes and is in no sense attributable to human agency.</p>