Denham v. Madole

The defendants contended that the leased premises were not tenantable because of leakage of water into the basement through the walls; that although at common law there was no implied warranty that the premises would be tenantable, the rule was changed by sec. 234.17, Stats.

The plaintiffs contend that said section is inapplicable to the facts, and that defendants are estopped from denying liability because of their acts relating to the lease and occupancy of the building.

Competent evidence on the part of the plaintiffs. conclusively establishes the following facts: The lease was executed…