Aaron v. Foster

The plaintiff, as assignee of the landlord, sued the defendant for breach of the covenants of an indenture of lease, wherein the defendant agreed ‘ ‘ to keep .and maintain the plate glass in the windows in proper order and repair.” The breach charged is that the defendant caused or permitted “three panes of the plate glass to become broken and out of order,” to the plaintiff’s damage sixty dollars. The jury awarded the plaintiff a verdict for thirty-nine dollars, on which the plaintiff undertook to tax a bill of costs. The clerk declined to tax the bill, because the verdict was less than…