Overstreet v. Rhodes

1. In an action by a landlord to recover rent wherein the tenants defended on the ground that there was a constructive eviction because of the failure of the landlord to repair structural defects in the premises which rendered them too dangerous for use and occupancy and constituted a breach of the lease, and there was no demurrer to the answer raising the question that the failure on the part of the landlord to repair would not constitute a breach of the lease unless making the repairs would unreasonably interrupt the business of the tenant, the landlord cannot for the first time raise such…