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: |