Rumberg v. Cutler
Supreme Court of Connecticut
Action by a tenant against his landlord to recover damages for injuries to the former’s property alleged to have been caused by the latter’s neglect to keep the leased premises in repair in compliance with Ms covenant in the lease, brought to the Court of Common Pleas in New Haven County and tried to the jury before Wolfe, J.; the trial judge denied defendant’s motion to set aside a verdict for the plaintiff for $376, and rendered judgment for that sum, and the defendant…
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Action by a tenant against his landlord to recover damages for injuries to the former’s property alleged to have been caused by the latter’s neglect to keep the leased premises in repair in compliance with Ms covenant in the lease, brought to the Court of Common Pleas in New Haven County and tried to the jury before Wolfe, J.; the trial judge denied defendant’s motion to set aside a verdict for the plaintiff for $376, and rendered judgment for that sum, and the defendant appealed.
1Opinion of the CourtThayer, J.
The plaintiff leased a store of the defendant. He claimed that during his term, owing to the defective and leaky condition of the show window where he displayed his goods, and the roof over it, his goods were wetted, stained, and damaged. The defendant, by a covenant in the written lease under which the plaintiff held his term, undertook to keep the premises in proper repair whenever his attention should be called by the lessee to any part thereof that should need repair.
The landlord is not bound to make repairs upon the leased premises, unless he covenants to do so. Gallagher v. Button, 73…
2Cases cited1 opinion
- Gallagher v. ButtonSupreme Court of Connecticut · 1900
3Cited by20 opinions
- Dean v. HershowitzSupreme Court of Connecticut · 1935
- Fahey v. ClarkSupreme Court of Connecticut · 1938
- Max Stool v. J. C. Penney Company, Inc.Court of Appeals for the Fifth Circuit · 1968
- Thomas v. RoperSupreme Court of Connecticut · 1972
- Chambers v. LoweSupreme Court of Connecticut · 1933
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