Erickson v. Elliott

Main, J. —

This action was brought for the purpose of recovering rent due upon a written lease. The defendants denied liability, and, as an affirmative defense, pleaded constructive eviction. They also cross-complained for damages. The trial was to the court without a jury, and resulted in findings of fact from which the court concluded that the plaintiffs were entitled to recover rent in the sum of eight hundred dollars, and the defendants were entitled to damages in the sum of five hundred fifty dollars, to be offset against the rent. Judgment was entered in favor of the plaintiffs for the…