Pines v. Perssion

We have doubt that sec. 234.17, Stats., applies under the facts of this case. In our opinion, there was an implied warranty of habitability in the lease and that warranty was breached by the appellant.

There is no express provision in the lease that the house was to be in habitable condition by September 1st. We cannot agree with respondents’ contention that the provision for “including furniture to furnish the said house suitable for student housing” constitutes an express covenant that the house would be in habitable condition. The phrase “suitable for student housing” refers to the…