“Because I am not quite sure that you are yet quit of my friend, Mr. Screwhard, your landlord,” was the reply.
“What do you mean?” queried my wife.
“Ask your respected husband; he knows more about such matters than I do.”
In reply to my wife’s questioning glance, I said: “I am afraid it is rather too soon to rejoice over the matter. We must pay rent until we can get rid of our liability by a regular notice to quit.”
“But we can’t occupy the place.”
“That makes no difference.”[450]
“Then you had no provision in your lease exempting you in case of fire,” remarked Jones.
“Unfortunately, not.”
“But why should we pay when we cannot use the place?” asked my wife, growing warm.
“The rule is, my dear, that when the law imposes a duty upon one and he is prevented performing it without any fault on his part, and he has no one to whom he may look for satisfaction, the courts will excuse the non-performance; but when a man voluntarily takes a duty or charge upon himself he must perform his contract, come what may, because he might have provided against all accidents in his agreement.”