Darnall v. Day

(dissenting) — I dissent from Divisions II and III of the majority opinion. The plaintiff in his petition prayed for “such reduction in payment of rents as the' court may determine will compensate the plaintiff for the failure to make such improvement.” The tidal court reduced the rent $20 a month, extending on into the future as long as plaintiff stays on the property under the lease and defendant fails to make the improvement. This provision in the trial court’s decree receives the approval of the majority of this court.

The general rule is that a landlord’s agreement in a lease, to repair…