Rhinelander Real Estate Co. v. Cammeyer

In the City Court a verdict of a jury was rendered in favor of the defendant. The suit was brought for rent against the defendant as executrix of her husband’s estate. She was the guarantor of the lease of premises belonging to the plaintiff.

The defense which prevailed was, that defendant’s principal had been constructively evicted from the premises. The lease under which rent was sought was not performed by rental payment to plaintiff, because of the failure of the plaintiff to furnish live steam in accordance with a covenant in the lease. The covenant provides: “ It is further agreed that…