Dolph v. Barry, 165 Mo. App. 659 (1912)

Citation: Dolph v. Barry, 165 Mo. App. 659 (1912)
Parent Document: Dolph v. Barry, 165 Mo. App. 659 (1912)
Jurisdiction: Missouri (state)
Effective Date: 1912-06-04
Original Source: https://www.courtlistener.com/opinion/8299428/dolph-v-barry/ ↗

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NORTONI, J.
This -is a suit for rent. Defense is made to the rent charge on the ground of a constructive eviction, which operated a breach, on the part of plaintiff, of the covenant for quiet enjoyment implied in the lease, and, furthermore, defendant interposed a counterclaim for damages accrued through plaintiff’s breach of an express covenant in the lease for repairs. The finding and judgment were for defendant and against plaintiff on the cause of action for rent declared upon in the petition and defendant’s counterclaim set forth in the answer. From this judgment plaintiff prosecutes the appeal.

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