Callahan v. Goldman

This is an action (between the parties to the action of tort, ante, 234) for breach of the covenant of quiet enjoyment implied in the lease of June, 1907.

After the defendant succeeded to the reversion on July 8, 1907, it was found that the plaintiff’s bowling alleys and the whole basement were flooded with water. There was evidence that this water came from leaking conductors and a leaky roof in that part of the building not covered by the lease to the plaintiff.

At the trial in the Superior Court the judge * "refused to direct *239a verdict for the defendant, and the case is here on an exception…