Johns v. Hudson

Hart, C. J.,

(after stating the facts). The judgment of the circuit court was wrong. Where there has been a breach of agreement on the part of the landlord to make repairs, if the repairs are extensive and the cost excessive in comparison with the rent, the measure of the tenant’s damages is the diminution of the rental value of the property by reason of such nonrepair; but where the repairs are inexpensive as compared with the rent, the measure of the tenant’s damages is the cost of making such repairs. Young v. Berman, 96 Ark. 78, 131 S. W. 62, 34 L. R. A. (N. S.) 977 ; and Frank v. Rogers,…