Conterno v. Brown

BISHOP, J. pro tem.*

The crucial question at the beginning of this ease was: Does the defendant have plaintiff’s consent for him to keep a dog on the leased premises ? By the time the judgment, from which defendant has appealed, was rendered, that question had lost all significance. Instead, the crucial question had become: Is defendant’s failure to pay rent from July 15, 1963, to February 1, 1964, excused by the fact that plaintiff had failed to keep a eotenant from making so much noise that defendant had in effect, been evicted? We are persuaded that the trial court’s negative answer to the *136l…