WALLACE R. LYNN et al., Plaintiffs and Respondents, v. DePUE WAREHOUSE COMPANY, Defendant and Appellant, 198 Cal. App. 2d 742

Summary

Defendant tenant appealed from a money judgment in favor of plaintiff landlord for damages for a damaged foundation of a warehouse. The trial court found that the damage was caused by defendant's breach of the covenant to repair in the lease and defendant's negligence. The court affirmed the judgment and held that the evidence showed that defendant's employees were aware of a condition of water collecting and remaining under the building during the winter and had built a drain to carry off the water. Defendant had knowledge of the accumulation of water underneath the building and around its foundations, but permitted it to remain for long periods and reloaded the warehouse beyond the structure's capacity. Though defendant had no duty to repair reasonable use and wear, defendant did have a duty to repair partial destruction by fire or other cause. Under the clause that obligated defendant to repair after a partial destruction by fire or other cause, damage caused by water released by ...