Jones v. Parker

40 N.E. 1044 (1895)

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Nature of the Case

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Facts

The lessee brought this action upon a lease that was to begin on September 1, 1893. Under that lease, the lessor covenanted to deliver possession of the building and land to the lessee upon the completion of the building and during the term of the lease to reasonably heat and light the premises. The allegations state that the building had been completed but that the lessor (D) refused to complete the premises with apparatus sufficient to heat and light the same. P alleged that occupancy under the lease was impossible without the lights and heat. P prayed for specific performance of the covenant and damages. D demurred.