Spangler v. Hobson

Action in assumpsit for rent due from appellees to appellant. The only defense interposed was that of recoupment. Upon submission of the issue to a jury there was verdict for defendants, and from the judgment following the plaintiff has prosecuted this appeal.

The defendants entered and occupied the premises of plaintiff in March, 1922, under a written lease, and in May, 1922, the septic tank overflowed, creating offensive odors, and the plaintiff was notified thereof. There was no provision in the lease requiring the lessor to make any repairs, but on the other hand the contract expressly…