Myers v. . Burns

This is an action for rent on a lease, dated May 28th, 1856, brought by the grantee of the reversion against the assignee of the term. The present defendant went into possession of the premises September 20th, 1856.

The defense is a counterclaim, under a covenant of the landlord to keep the premises in repair. There is also connected with the covenant to repair, an agreement that if the premises were damaged by fire, so as to be unfit for a first-class hotel, the rent should abate. The counterclaim set up in the answer is, 1st, for $908, expended by the defendant in repairs; and 2d, for $700…