Dimmock v. Daly
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Wickham, J. “If one is sued upon a covenant for rent, he may recoup for damages occasioned by a breach of other covenants in the same lease, though they are implied ones only.”— Mayor v. Mabie, 3 Kern. 151; Wright v. Litton, 38 111. 293; Wagner v. Dette, 2 Mo. App. 267 ; Green v. Bell, 3 Mo.
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Appeal from the St. Louis Circuit Court, Wickham, J. “If one is sued upon a covenant for rent, he may recoup for damages occasioned by a breach of other covenants in the same lease, though they are implied ones only.”— Mayor v. Mabie, 3 Kern. 151; Wright v. Litton, 38 111. 293; Wagner v. Dette, 2 Mo. App. 267 ; Green v. Bell, 3 Mo. App. 295. Any obstruction by the landlord to the beneficial enjoyment of the demised premises, or a diminution of the consideration of the contract by - the acts of the landlord, amounts to a constructive eviction. —Lewis v. Payne, 4 Wend. 424 ; Dyett v. Pendleton,…
1Opinion of the CourtBakewell, J.
This is an action upon a written lease, to recover four months’ rent due, the rent of a store-room and cellar in St. Louis, of which defendant was in possession under the lease. The answer admits the execution of the lease and defendant’s occupation under it, and, as matter of defence, sets up that the store and cellar in question are parts of a building owned by plaintiff, the lessor, the upper stories of which are occupied by tenants of the lessor; that the lessor put in water-pipes between the partition-wall which *356is the southern boundary of the store demised to defendant, and under the…
2Cases cited2 opinions
- Gray v. GaffMissouri Court of Appeals · 1880
- Green v. BellMissouri Court of Appeals · 1877
3Cited by2 opinions
- Fleeman v. PittmanMissouri Court of Appeals · 1924
- Landers v. SchneiderMissouri Court of Appeals · 1914