Campbell v. Poland Spring Co. — 233 N.Y. 506

Majority

p. 506

Elizabeth Campbell, as Executrix of Charles Hofferberth, Deceased, Respondent, v. Poland Spring Company, Appellant.

Headnote

Landlord and tenant — action for rent — defense of failure to make alterations and repairs.

Campbell v. Poland Spring Co., 196 App. Div. 331 , affirmed.

(Argued January 24, 1922;

decided February 28, 1922.)

Appeal from a judgment of the Appellate Division, of the Supreme Court in the first judicial department,

p. 507

entered May 11, 1921, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. The action was to recover rent. The defense was that the landlord failed to make certain alterations and repairs as agreed.

Frank Parker TJfford for appellant.

Bertram, L. Kraus for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.