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Property Keyed to French
Wesson v. Leone Enterprises, Inc.
Facts
John T. Wesson (Plaintiff) rented out space in his commercial building to Leone Enterprises, Inc. (Defendant). The parties signed a five-year lease beginning on March 31, 1988. In 1991, Defendant complained to Plaintiff about leaks in the roof. Plaintiff first arranged for his son to repair the leaks, and hired a professional roofer when they reappeared. The leaks kept returning throughout 1991, although they caused no serious damage to Defendant’s ability to do business. Defendant vacated the premises by December 31, 1991, having paid rent for the entire year. Plaintiff sued Defendant for breach of contract and other claims, and Defendant filed several counterclaims, including constructive eviction. The trial court held that Defendant had not breached its contract because it had been constructively evicted. Alternatively, the trial court held that Defendant could have lawfully withheld rent under the dependent covenants rule, because Plaintiff had not provided a “dry space,” which was essential to the lease. Plaintiff appealed.
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