Glickman v. De Berry

McCLBNDON, O. j.

Sole question presented: In an action by landlord against tenant brought after expiration of the lease, for breach of tenant’s express covenant to repair, is the cost of repair the proper measure of damages?

The cases cited by appellant involve leases in which the lessee has covenanted only to surrender premises in like condition as received, usual wear and tear excepted. There the measure of damages is the injury to the freehold.

The same measure is applied to an express covenant by the tenant to repair where the landlord has not himself made the repairs, and the suit is…