Clark v. Sapp

Plaintiff, a landlord, sued on a rent note given in pursuance of a lease contract. The tenant filed two defenses, — first, that the landlord had constructively evicted him by failing to make certain necessary repairs stipulated by the contract, to wit, fixing the light in the cupola, painting the woodwork in the bathroom, fixing the screen, and stopping the leaks in the roof of the rented house, and that by the landlord’s failure to comply with such agreement, the premises had become untenantable; and second, that the landlord had impliedly agreed to a rescission of the rental contract by…