Jaroush v. Cook

The appellant in this proceeding, Virgil Cook, was sued by his landlord, Ameen Jaroush, for past-due rent and for possession of the house which Mr. Jaroush had rented to him. As a defense the appellant alleged that Mr. Jaroush had breached the implied warranty of habitability which a landlord of residential premises in West *715Virginia gives to his tenant. Before taking evidence on the question of whether Mr. Jaroush had breached the warranty, the Circuit Court of Logan County ordered the appellant to surrender the leased premises. The trial judge also, on his own motion, ordered the appellant…