Automobile Supply Co. v. Scene-In-Action Corp.

The Automobile Supply Company recovered a judgment by confession against the Scene-in-Action' Corporation on a lease for $1750 rent for the last five months of the term ending September 30, 1928, and $20 attorney’s fees. The defendant made a motion to vacate the judgment, which was denied, and on appeal the Appellate Court affirmed the judgment. The record has been certified to us as a return to a writ of certiorari allowed on the petition of the defendant.

The defense alleged in the motion to vacate was a constructive eviction of the lessee by the breach of the landlord’s covenant to furnish…