Smith v. Pierce

COLEMAN, Justice.

This is an appeal by plaintiff from a judgment rendered for defendant on the verdict of a jury, in an action at law for damages for illness, pain, annoyance, and inconvenience allegedly suffered by plaintiff as “the proximate consequence of the negligence of the defendant or his agents in after notice to defendant, failing and refusing to repair said radiator (s),” in a certain apartment which plaintiff occupied as lessee of the defendant.

The written lease, attached as an exhibit to the complaint, describes the term of the lease as follows:

“ * * * during the term of 1 year…