Stewart v. Shannon & Luchs Co.

HOOD, Associate Judge.

In 1940 the defendant leased an apartment from the plaintiff. The lease contained an agreement by the tenant that “he will not keep any live animals or birds of any description in said premises without the written consent of Landlord first had and obtained.” In 1945 the landlord sued for possession of the apartment, alleging that the tenancy had been terminated by a violation of the above quoted provision of the lease.

At trial the landlord offered evidence that the tenant had kept a dog in the apartment during the five years of the tenancy, and that prior to bringing…