Bruckner v. Helfner

1929

Court: WI Supreme Court

Facts: All manner of carousing, during prohibition, makes a tenant leave.

Posture: Appeal from a judgment at trial: landlord seeks back rent.

Issue: Is the defendant liable for breaking the lease?

Holding: No.

Rule: A lease implies a covenant for quiet enjoyment of the premises.

Reasoning: This was "constructive eviction." The fact that the landlord took no action means that he tacitly allowed him to leave.

Dicta: