Meketa v. Stone

Defendants move for summary judgment. The action seeks recovery of damages for breach of covenant of quiet enjoyment. The defense relies on the covenant, which reads: ‘ ‘ And the said Landlord doth covenant that the said Tenant on paying the said yearly rent, and performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said-demised premises for the term aforesaid, provided, however, that this covenant shall be conditioned upon the retention of title to the premises by the Landlord ” and upon eviction after defendants were divested of title by virtue of…