Raybestos-Manhattan, Inc. v. Friedman

Deen, Presiding Judge.

This is an action for damages for breach of covenant in a lease agreement to keep the building in constant good condition and to repair and surrender “in as good repair as the time of the initial occupancy, excepting, however, ordinary wear and tear.” The trial resulted in a verdict for the appellee landlord of some $38,000 actual damages and $20,000 expenses of litigation, from which judgment Raybestos-Manhattan appeals.

1. At the time Friedman purchased the property the warehouse had not been fully constructed, but a 15-year lease had already been signed by the…