265 Mass. 179 | Mass. | 1928
The first of these actions, namely Roberts v. Wish, is in contract to recover damages for breach of covenant in a lease to the effect that the defendants would instal in the leased premises a concrete floor in good and workmanlike manner, for the use of the plaintiff as a pool and billiard room. The second action is for recovery of rent reserved under the lease.
The actions were tried together and verdicts were directed for the defendants in the first action and for the plaintiffs in the second; and the cases were reported with a stipulation that, if there was any competent evidence to be submitted to the jury, a verdict of $280 is to be entered for the plaintiff in the first action and judgment is to be entered for the defendant in the second.
The lease provided that the concrete floor should be completed not later than August 1, 1924, when the lease was to be in full force and effect for a term of three years at a rental of $80 per month in advance, and in the event that the work was not then completed, the term was to begin from the date of completion.
Roberts testified that he took possession August 1, 1924,
Roberts accepted the premises as they were after the concrete floor was built and continued to occupy them for several months. Upon the evidence the defendants had no duty to prevent the water from entering the premises after August 1, 1924, when the estate vested in the lessee. Roth v. Adams, 185 Mass. 341. The testimony would not justify a finding that there was a breach of the covenant to complete this floor before the tenancy began. The fact that water came in as described could not be found to be an eviction. Callahan v. Goldman, 216 Mass. 238. Goldberg v. Horan, 263 Mass. 302. The lessors did not agree to make repairs or maintain the premises in a suitable condition for a billiard room. Cowen v. Sunderland, 145 Mass. 363. Taylor v. Finnigan, 189 Mass. 568, 573. It did not appear that the presence of the water was caused by any wrongful act of the lessors. The judge was right in ordering a verdict for the defendants in the first action.
The rent sought to be recovered is for a period beginning
In accordance with the terms of the report judgment is to be entered on the verdicts.
So ordered.