Smith v. Norman

CLEMENS, Senior Judge.

Plaintiff-landlord sued her former tenant to recover damages for injuries done to her leased premises. The jury awarded plaintiff $3,500 and defendant has appealed the ensuing judgment. The core issue on appeal is the measure of plaintiff’s damages— the cost of repairs or the diminution of the building’s value.

Defendant had occupied an eight-room apartment in plaintiff’s six-unit building. The lease required him to surrender the apartment in good order and repair, ordinary wear excepted. Plaintiff’s petition alleged and her evidence showed that when defendant vacated the…