Leather Products Co. v. Thomas P. Taylor Co.

The plaintiff seeks damages for the nonperformance by the defendant of a covenant to furnish heat m the factory leased by the plaintiff from the defendant.

Upon the established facts it is clear that the heat supplied to the plaintiff’s premises during the entire period of the plaintiff’s occupancy of the premises, when heat was required, was inadequate and so interfered with the plaintiff’s possession as to justify the ultimate abandonment of the premises by the plaintiff. The failure of the defendant and its assignee to supply adequate heat constituted a violation of the covenant in the…