Whittaker Corp. v. Kronenberg

OPINION OF THE COURT

SALMON, J.

The judgment appealed is one which removes the appellant from possession of commercial premises. The judicial error urged is the failure of the trial judge to permit the appellant to present as a defense its claim of setoff for monies actually spent in effecting repairs to the premises which were the obligation of the appellee.

The appellant claims that it is entitled to present that defense pursuant to the rule first enunciated in Masser v. London Operating Co., 145 So. 79 (1932), and later followed in Rosen v. Needelman, 83 *27So.2d 113 (Fla. 1955). The trial judge…