Green v. Long

Appellee sued appellant for three months’ rent on a certain store building which appellant was occupying under a one-year lease. Appellant did not deny the correctness of the account sued on, but denied liability thereou, and, in a special plea of recoupment, contended that his stock of goods had been damaged by a leaky roof on the building in question in a sum exceeding plaintiff’s demand.

The lease contained no express covenant requiring the owner to repair the roof during the term of tenancy. Luring the occupancy, however, the roof became defective and leaky, and. appellee voluntarily…