Kohne v. White

The opinion of the court was delivered by

Dunbar, J.

Respondents brought an action against appellant to recover damages for a breach of covenant *201in a written lease for the sum of $5,000. The lease provided that the party of the first part (the appellant here) should make substantial repairs; and all repairs to be made by reason of the neglect and the ordinary use of said building should he made at the expense of the said second party (respondent Annie Kohne).

The complaint alleges that the plaintiff took possession of said premises under said lease on the first day of September, 1889, and…