When Erroneous Charge to Jury is Immaterial.—If there is an issue of fact to be determined from the evidence, under proper instructions from the Court as to the law, it is error for the Court to charge the jury that the plaintiff is entitled to recover; but if the evidence makes the case so clear for the plaintiff that a verdict for defendant would be contrary to the evidence, the error is immaterial.

Covenant in a Lease—Quiet Enjoyment.—If the lease is for the term of three years, with the privilege of two more if the defendant does not sell the demised premises before the end of the three years, and the lessor has not sold at the end of the three years, and the lessee elects to keep the premises two years more, and the lease contains a covenant for quiet enjoyment, the covenant at the time of the election becomes a covenant for the full term of five years.

Idem.—In a covenant in a lease for quiet enjoyment, no set formula is required. Any language which expresses the intent of the lessor to promise a quiet enjoyment of the premises is sufficient.

Breach of Covenant in Lease for Quiet Enjoyment.—A covenant in a lease, that the lessee shall have the demised premises peaceably and quietly, is not broken unless there is an eviction or an invasion or disturbance of the possession.

Idem.—If the lessor gives out publicly that the lessee has no right to the possession of the demised premises, and brings actions at law against the lessee and his tenants to recover the possession, in consequence of which the lessee’s tenants quit the premises, and ho is unable to rent the same, these acts constitute a breach of a covenant in the lease for quiet enjoyment.

Idem.—The entry by the lessor upon the roof of the demised premises, and converting it into a washhouse or place for drying clothes, is a breach of a covenant in the lease for quiet enjoyment.

Damages for Breach of Covenant in Lease.—If the lessor breaks a covenant in the lease for quiet enjoyment of the demised premises, by bringing actions at law against the lessee to recover possession of the demised premises, the lessee’s costs and counsel fees in defending the action are properly allowed as damages in a suit by the lessee for breach of the covenant.

Testimony in Suit for Breach of Covenant in Lease.—In an action by the lessee against the lessor for breach of a covenant in the lease for quiet enjoyment, by bringing suits against the lessee to recover possession of the demised premises, if the tenant’s possession was lawful, the lessor cannot introduce testimony to show that he believed he had a right to the possession, and brought the suits in good faith and not maliciously.