Wellbaum v. Murphy

Jordan, Presiding Judge.

This is an action by a landlord against a

tenant, at will to recover rent at the rate of $100 per month for December 1969 and January 1970, plus a claim for attorney’s fees because the tenant allegedly "has been consistently litigious . . . and has acted in bad faith.”

The tenant, Wellbaum, pleaded four defenses, in substance as follows: 1. The premises became untenantable on or about December 1, 1969, resulting in a constructive eviction, by reason of the landlord’s breach of a duty to provide an operative heating unit, thus relieving the tenant of his obligation to pay…