Greenstein v. Conradi

Action to recover rent accruing after the abandonment of the leased premises by the lessee under a claim of constructive eviction. The court directed a verdict for the plaintiff. The defendant appeals from the order denying his motion for a new trial.

In June, 1921, plaintiff leased to the defendant for the term of 2 years from its completion a retail store building then in process of construction. It was completed in the latter part of October, 1921, and the defendant then took possession. The lessor covenanted to “furnish all the heat necessary for the above store.”

The defendant claims that…