Waddell v. DeJet

Citations

• 76 Miss. 104

Syllabus

<p>1. Landlord and Tenant. Contract. Construction. Intention. Sit/ua Mon of parties. Condition of property.</p> <p>A court, in construing a contract of lease, should consider the situation of the parties at the time the contract was made, not to add to or vary the terms of the written contract, but to ascertain intention from the contract in the light of that situation, looking to the subject-matter of the agreement and the then condition of the property.</p> <p>2. Same. Repairs.</p> <p>If a lessee covenants “to take good care of the leased premises, and to return the same in as good order as at the beginning of the lease ordinary wear and tear and damage by fire, wind 'and water ex cepted, . . . and make, at his own expense, all necessary repairs, ” he is obliged to make all such repairs as are necessary to keep the premises in such condition. The exceptions cannot be construed to relieve of such obligations.</p> <p>3. Same. Insolvency. Cancellation of lease.</p> <p>An insolvent tenant, who violates his obligation to repair, to the extent of endangering the destruction of the leased premises, subjects himself to a suit for the cancellation of his lease.</p>