162 Ky. 157 | Ky. Ct. App. | 1915
OpiuioN op the Court by
Affirming.
This is an action to cancel a lease on the ground that the lessee violated the covenant of usé, suffered a nuisance on the premises, and committed waste. The chancellor denied the relief prayed for, and plaintiff appeals.
Plaintiff, Francis Backsman, is the owner of an old-fashioned building on Monmouth street, in Covington. The building contains a store room and several rooms used for residence purposes. In the rear of the store room is a shed. In 1911, plaintiff rented the premises to Pete Courtesy for a period of ten years, with the privilege of five years longer. Courtesy conducted a confectionery business in the building under the name of Princess Confectionery Company. S. Demopoulas worked for Courtesy, and subsequently bought the business from Mm, at the same time taking an assignment of the -lease. The lease provided that the premises should
There was some proof to the effect that the defendant, Demopoulas, while engaged in making ice cream, permitted water to run on the floor and under the building and into the adjoining yard, and that complaints of this fact were made by the neighbors on two or three occasions. On one occasion the health officer was called in and told defendant that this must not occur again. It does not appear that any further complaints were made. These acts did not amount to a nuisance.
Several witnesses testified that defendant frequently used a hose to wash the floor of the shed, and that this water and the water from the ice cream freezer flowed under the house, and not only the sills of the shed, but the house itself, had sunk because of the damp condition of the ground. The evidence for the defendant showed that the roof of the shed leaked, and that the gutter of the house was in bad condition and that the water complained of came from these sources. His witnesses also deny that there was any sinking of the shed or of the main building. It further appears that defendant, on
Judgment affirmed.