Tyler v. Disbrow

This was an action to recover the rent of a house in Chicago, during a period when it was not occupied. Mrs. Tyler, through an agent, procured a lease to be made from herself to Mrs. Disbrow for one year from May 1, 1873.

The defense was that there were defects in the sewerage, not discovered by the tenant at first, and afterwards unsuccessfully sought to be remedied by her, which made the house unhealthful and unfit for occupation as a residence. Defendant ultimately left the house, but plaintiff refused to accept the surrender.

The court below found for the defendant and found specially among…