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Smith v. McEnany
Supreme Judicial Court of Massachusetts
48 N.E. 781 (1897)
The plaintiff-landlord leased property to the defendant. The plaintiff proceeded to build a wall for the adjacent building, which the plaintiff also owned. The wall encroached onto the leased property either nine inches, thirteen inches, or two feet deep according to the evidence, and for a length of thirty-four feet. The plaintiff sued for the tenant's nonpayment of rent, as well as a breach of a covenant to repair. The plaintiff argued that the wall was not grounds for withholding rent because it did not materially impact the tenant’s enjoyment of the land. The trial court held that the tenant had a right to treat the intrusion as an eviction. The plaintiff appealed.
Rule of Law
Holding and Reasoning (Holmes, J.)
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