Morris v. Durham

Lillian Luxon, William Luxon, and Ann Durham (plaintiffs) leased part of a building to Dallas Morris (defendant), with the lease excusing Morris from rent while the building was destroyed by fire until it was 'rebuilt or repaired,' and separately requiring the plaintiffs to make necessary repairs for 'damage to the building by fire.' The building was completely destroyed by fire, and Morris claimed the plaintiffs were required to rebuild it entirely; the plaintiffs instead sought a declaration that they had no such obligation, and the trial court agreed.