Pappas v. Zerwoodis

The lessee of a building brought suit for specific performance of the lessors’ covenant to repair and also for damages alleged to have been sustained by the lessee because of the lessors’ breach of that covenant. Sometime after the commencement of the action, but prior to the time of the trial, the lessors repaired and also repainted the building, and at the hearing before the superior court the lessee conceded that his claim for specific performance had been fully satisfied. The trial therefore proceeded upon the issue of damages alleged to have been sustained by the lessee because of the…