Messer v. Smith

Judgment and order unanimously reversed upon the law and new trial granted, with thirty dollars' costs to the appellant to abide the event.

The rent under the terms of the lease was payable on the first day of May. When the defendant moved on the twenty-seventh of May, he was obligated to pay that rent. The only counterclaim which he interposed was for the return of the deposit.

If the premises were rendered untenantable by the fire, the landlord had a reasonable tune within which to repair the same. At the expiration of such reasonable time, if the landlord failed to make the repairs, the…