Strupp v. Canniff

This is an action to recover rent in which the defense is constructive eviction.

The matter was heard by the court without a jury and judgment entered for the plaintiff. Defendant appeals from an order denying his motion for amended findings or a new trial.

During the period in question the premises were occupied by defendant under an oral month-to-month lease and were used by him to store and repair heavy equipment. Plaintiff acquired title in September 1962. On September 18, 1962, he gave defendant written notice that the lease would be terminated on November 1, 1962, unless the defendant…