Edmison v. Lowry
South Dakota Supreme Court
Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Action for rent. Judgment for defendant. Plaintiffs appeal. The facts are stated in the opinion. The covenant of quiet enjoyment in a lease relates only to the possession of the premises, and there must be an eviction to constitute a breach of the covenant.
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Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Action for rent. Judgment for defendant. Plaintiffs appeal. The facts are stated in the opinion. The covenant of quiet enjoyment in a lease relates only to the possession of the premises, and there must be an eviction to constitute a breach of the covenant. Taylor, L. & T. §§ 201, 305, 308, 380, 381; Wood on.Nuisances, § 256; Ogilvie v. Hull, 5 Hill, 51; 3 Sutherland on Damages, 117; Royee v. G-ugenshein, 100 Mass. 203; Noble v. Warren, 3(8 Fa. St. 311; Haynes v. Smith, 11 Am. Dec. 126; Edgerton v. Page, 20 N. Y. 281; Boreel v.…
1Opinion of the CourtCorson, J.
This was an action" for rent. Verdict and judgment for defendant, and the plaintiffs appeal. The complaint is in the usual form, and demands judgment for rent for the months of August, September and October, 1890, amounting to $225. The defendant admits that the rent for those months has not been paid, and sets up a counterclaim, pleaded by way of - recoupment, in substance, that, during the months mentioned, the plaintiffs obstructed the sidewalk and street in front of the premises leased, *80so as to close up the entrance to the same, and prevent access, ingress, and egress to and from the…
2Cases cited10 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Brayton v. City of Fall RiverMassachusetts Supreme Judicial Court · 1873
- Hayner v. SmithIllinois Supreme Court · 1872
- In Re the Judicial Settlement of the Accounts of HawleyNew York Court of Appeals · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Darnall v. StateSouth Dakota Supreme Court · 1961
- Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
- Sigsbee v. SwathwoodIndiana Court of Appeals · 1981
- Hurley v. StateSouth Dakota Supreme Court · 1966
- Cuka v. StateSouth Dakota Supreme Court · 1963
19 more not listed; retrieve them via the Exa API.