55 Neb. 401 | Neb. | 1898
John L. McConnell leased to L. Bettman & Co. a storeroom and basement and turn upper rooms in a building in Lincoln, owned by McConnell, for a term of two years from February 1, 1892. After- the term expired he brought this suit to recover for steam heat furnished by him, under an express contract that Bettman & Co. should pay for the same at the rate of |250 per year. Bettman & Co. denied the contract and claimed that the rooms occupied by them were to be heated by McConnell without charge, except as the value might be included in the rent. The court at first submitted the case to the jury, but later gave a peremptory instruction requiring a verdict for the plaintiff for the amount claimed. The giving of this instruction is assigned as error.
The lease reserved a rent of $240 per month, and made no reference to the heating of the rooms, except that the lessees covenanted to keep in repair the gas pipes, water pipes, and steam pipes. There was an express provision that the lessees should pay for water used. The evidence showed that the building contained many rooms
Reversed and remanded.