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Panessi leased to Barnes, for a term of ten years beginning May 1, certain premises located at 527-529 Main Street in Cleveland. The premises were improved with a three-story building, the first floor being occupied by stores and the upper stories by apartments.
On May 1 of the following year, Barnes leased one of the apartments to Clinton for one year. On July 5, a fire destroyed the second and third floors of the building. The first floor was not burned but was rendered unusable.
Neither the lease from Panessi to Barnes nor the lease from Barnes to Clinton contained any provision regarding loss by fire. Discuss the liability of Barnes and Clinton to continue to pay rent.
Topic: Roads and traffic authority of NSW VS Dederer 2007
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