O'Connor v. Gouraud

McAdam, Ch. J.

It was conceded on the trial that the rent claimed was due, and the only defense presented was that contained in the counter-claim, pleading the landlord’s failure to make the necessary repairs to the roof. The rent amounted to $84, and it was admitted that “ the amount the defendant claims, which is $84, was the amount of damage to the goods,” done by a rain storm. The question presented is whether this loss is recoverable by the defendant as lessee, for breach of the landlord’s covenant to repair.

The general rule of damages for breach of contract, is to allow those “ which…