Capone v. Hinck

The plaintiff instituted this suit to recover the sum of $500 for damages, for the alleged breach of covenant of quiet enjoyment under a lease dated December 18, 1928. The second cause of action for the return of $100 security was withdrawn upon the trial.

For all practical purposes this action was tried on an agreed statement of facts.

The principal question involved herein is whether or not the defendant Hinck, as an original lessor, is liable to the plaintiff herein, the original lessee, on a covenant of quiet enjoyment contained in the lease. In May, 1936, the holder of the first mortgage…