Toppel v. Toppel

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that damage that included mixing building materials and other foreign matter into the soil was not normal wear
• finding that damage that included mixing building construction materials such as “concrete, wood lath, paper, joists, and various kinds of timber, tar paper and other roofing material, galvanized iron, [and] terra cotta” into the soil was not “reasonable wear and tear”
• using the terms \ordinary wear and tear” and \reasonable wear and tear” interchangeably
• “[P]laintiff knew and understood at the time of the execution of the lease that the use of the premises by the defendant ... would necessarily require the removal of a part or all of the trees.”
• “There is an implied covenant in every lease that the tenant will surrender the premises at the end of the term in as good condition as they were at the commencement of lease, reasonable wear and tear and damages by the elements excepted.”

Source: CourtListener parenthetical corpus (CC0).