Taylor v. Hart

Citations

• 73 Miss. 22

Syllabus

<p>1. Rent. Destruction of buildings. Common law. Tenants right to'abatement restricted.</p> <p>At common, law, while a lessee of land was entitled to an abatement of rent in case the buildings thereon were destroyed by the act of God or the public enemy, he was not entitled thereto if the destruction was occasioned by accidental fire.</p> <p>2. Statutory Modification. Accidental fire. Tenant entitled to abatement. Code 1892, g 2498.</p> <p>The lessee of a plantation, the rental value of which materially depends upon the use of the ginhouse thereon, is entitled to an abatement of the annual rent of the place on the destruction of the ginhouse during his term, by accidental fire, under g 2498, code 1892, wherein it is provided that “a tenant shall not be bound to pay rent for buildings after their destruction by fire, or otherwise, without negligence or fault on his part, unless he have expressly stipulated to be so bound. ”</p> <p>3. Measure of Relief. Damages not allowable. Code 1892, g 2498.</p> <p>No damag-es are allowable; but the tenant is entitled, under the statute, to an abatement of rent in the proportion that the value of the use of the ginhouse and machinery bears to the value of the use of the whole premises.</p>