Markides v. Soffer

Opinion by

Arnold, J.,

This is an action of assumpsit to recover damages for breach of a covenant contained in a deed from defendant to the plaintiffs. After trial by the judge without a jury, judgment was entered for the defendant on a question of law, and the plaintiffs appealed.

The defendant was the owner of a building composed of three storerooms, and in .1910 conveyed the end storeroom to the plaintiffs, who had previously occupied it as his tenant. The deed provided: “Grantees are to receive heat from the center [storeroom] or Mr. Stone [the defendant’s tenant-occupant of the center] as…