Davies, Turner & Co. v. Schatzen

Levy, J.:

This is an action for rent. The tenant defends on the ground that he was evicted by virtue of the landlord’s refusal to give him a key to the premises, that he was seriously impeded in ingress to and egress from the same, and that there had been a surrender and acceptance. The trial court directed a verdict in favor of plaintiff. It is unnecessary to consider the latter of these defenses as the court’s direction of a verdict upon the former furnishes sufficient grounds for a reversal. The arbitrary refusal of a landlord to furnish a tenant with a key constitutes an eviction (American…