Nature of the Case
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Facts
P leased a building to D with a yearly rental of $2,600 payable quarterly. The lease contained no covenant to repair but that the Croton water and gas pipes were to be kept in repair by the lessee. Two years after the lease was instituted, D left P a note that the premises were untenable and unfit for occupation and that D was surrendering possession. D contends that the roof was leaking badly. The court directed a verdict for P and D appealed.
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