Rose v. Freeway Aviation, Inc.

Freeway Aviation (defendant) leased a building to Richard Rose (plaintiff) under a lease requiring Freeway to maintain the building in at least its condition at the time of signing. A Freeway employee crashed a truck into the building, badly damaging its doors and frame, and before Freeway made any repairs, a windstorm destroyed the entire building. Rose sued to force Freeway to rebuild; Freeway argued the destruction terminated the lease under the impossibility doctrine, but the trial court granted Rose summary judgment.