Eley v. L. & L. Manufacturing Co.

1. In an action for rent by a landlord, a plea that the defendant rented an apartment in an apartment-house; that tenants in other apartments were so noisy and disorderly at night as to prevent the defendant and his family from resting or sleeping, that the defendant complained to the landlord, who promised to abate the noise, but did not do so, and that the defendant, because of the noise, was forced to leave the premises, was insufficient to establish constructive eviction. This is true although the lease contained a stipulation that no tenant should by his conduct disturb or annoy any…