WELCH v. HOOD

No. 80-273.

613 S.W.2d 88 (1981)

Carl WELCH and Welch Motor Company, Appellants, v. Wendell HOOD, Executor In Succession, Appellee.

Supreme Court of Arkansas.

Rehearing Denied April 13, 1981.


Attorney(s) appearing for the Case

Eilbott, Smith, Eilbott & Humphries, Pine Bluff, for appellants.

Howell & Price, P.A., Little Rock, for appellee.


GEORGE ROSE SMITH, Justice.

In 1966 E.W. Hood leased a building to Carl Welch, who used it in part as a shop for the painting of cars. The building was uninsured when it was destroyed by fire in 1969. In this action by the landlord to recover compensation for the loss, the tenant relies on this clause in the lease to exempt him from liability: "It is agreed that the Lessee shall not be liable to restore any damage caused by fire, windstorm or any other casualty beyond...

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