Keene v. Willis

This case proceeded on the theory that, given a covenant to repair by the landlord, a breach entitled the tenant to recover consequential damages. Not only was this issue so charged by the trial court without objection, but the briefs and argument before this Court assumed this view of the law. Thus, as between these litigants, for purposes of review, it became the law of the case. General Electric Credit Corp. v. White, 126 Vt. 149, 151, 225 A.2d 58. Moreover, this is the theory advanced by the Restatement (Second) of Torts, sec. 357, (1965), as the one sound in concept and to be preferred,…