Besinger v. McLoughlin

The defendant’s appeal states the following propositions for our consideration:

1. There is no evidence of an obligation by defendant to furnish heat and hot water, and the temporary stoppage of heat did not permanently and materially deprive plaintiff of the use of the premises. The interval when the heat was cut off was comparatively short and as to heat we need not decide whether it was so substantial a wrongful act as to amount to an eviction. There was no formal lease, written or oral, and the terms of the tenancy must be sought in the conduct of the parties. The evidence is that…