Whitney

The controversy is between a lessor and lessee. The former insists that rent is due, and the latter, that by reason of the lessor’s failure to keep a certain covenant the lease has been terminated and the lessee absolved from any further obligation. The covenant in question is as follows: ‘1 That the lessor agrees to supply the premises with heat during the winter months without cost to the lessee. ” It is claimed by the lessor that this covenant called for “heat” only during the months of December, January, and February and that the term could not be extended by parol testimony. On the other hand, the lessee sought to introduce evidence that the intention of the parties was to provide for the cold season and not simply for the said three months. The learned trial judge agreed with the contention of the lessor and held that the parties had definitely and clearly expressed their intention in writing and they must thereby abide, and he there fore sustained an objection to questions asked with a view of showing that the parties attributed a more comprehensive meaning to the term employed and that the lessor actually so treated the contract and also that there was a failure to supply…