Heintze v. Erlacher

The defendant as tenant agreed to keep the demised premises in repair, and if to keep in repair it is necessary that the rooms should first be put in repair, the covenantor is bound to perform that duty (Myers v. Burns, 35 N. Y. at pp. 271, 272; 38 Id. 80 ; 16 M. & W. 541), and a covenant to make repairs extends to all necessary repairs, irrespective of the cause of the defect (58 N. Y. 635 ; 17 Han, 163). The defects complained of might have been obviated if the tenant had performed her covenant, and they do nob in consequence justify her abandonment of the premises (58 N. Y. 635 ; 17 Hun,…