Everson v. Albert

Plaintiff’s decedent was tbe owner of a two-story frame building in Ironwood, Michigan. He leased a portion of the first story to defendant for a clothing store. The term was for one year from June 2, 1930, annual rental $1,800, payable $150 monthly. Defendant paid the rent to February 2, 1931, but vacated the premises January 10, 1931. Plaintiff’s suit is for the recovery of the balance of the year’s rent. Defendant claims constructive eviction, and asserts a counterclaim for damages. The circuit judge, who heard the case without a jury, rendered judgment for defendant in the sum of $765.47.…