Atlantic Discount Corp. v. Mangel's of North Carolina, Inc.

The plaintiff owned a large building and leased a small portion of it to the defendant for retail use, under a lease with a general covenant requiring the plaintiff to keep the leased premises in good order and repair. The entire building was destroyed by fire. The plaintiff sued for a declaration that the fire terminated the lease; the defendant argued the general repair covenant obligated the plaintiff to rebuild. The trial court ruled for the plaintiff, and the defendant appealed.