Weil v. Kahn
New York Court of Common Pleas
Appeal from fifth district court. Action by Samuel Weil against Joseph Kahn to recover money paid for repairing roof of defendant’s house, of which plaintiff was tenant. Judgment for defendant. Plaintiff appeals.
1Per curiam
The action was brought to recover $18 for money laid out and expended by plaintiff for the defendant in repairing the roof of a house leased by the defendant to the plaintiff. The lease expressly provided that all the repairs were to be made by the lessee, except those to the exterior of the building, but there was no provision in the lease that the landlord should make those repairs. Had this been the only contract between the parties, the views expressed by the justice in his opinion would have been entirely correct, and decisive of this case. But upon the trial plaintiff offered evidence…
2Cases cited1 opinion
- Ward v. CowdreyNew York Supreme Court · 1889