Opinion
No. 1471.
April 19, 1923. Rehearing Denied May 17, 1923.
Appeal from Nolan County Court; A. S. Mauzey, Judge.
Action between the Robertson Company and J. H. Beall. Judgment for the latter, and the former appeals. Affirmed.
Wagstaff, Harwell Wagstaff, of Abilene, for appellant.
C. E. Mays, Jr., of Sweetwater, for appellee.
The first three items of expense mentioned in the third paragraph of the court's conclusions of law were not occasioned by unavoidable casualties within the meaning of the lease contract. Tays v. Ecker, 6 Tex. Civ. App. 188, 24 S.W. 954; Welles v. Castles, 3 Gray, (Mass.) 323. The tenant was therefore liable therefor.
As to the remaining item mentioned in said paragraph, the evidence supports the finding that it was not due to ordinary wear and tear.
Affirmed.