Jones v. Silverman

Opinion by

Trexler, J.,

The plaintiff brought suit to recover rent alleged to be due. The defense was that owing to the installation of a heating device beneath the storeroom occupied by the defendant, the place was excessively heated and he was unable to carry on his business of selling fruit's and produce. The matter was heard by the judge without a jury. The judge decided “that there was not anything in the action of the landlord which constituted an eviction or against which the defendant would not have been able to have protected himself if he was not desirous of removing from the…