Jefferson v. Glaze

Evans, P. J.

I concur in the judgment, but dissent from the intimation of the majority of the court that the tenant may recoup damages arising out of the landlord’s violation of his contract. I think the tenant may defeat the action by showing that he has suffered damages to the amount of the rent or in excess thereof, but the tenant can not recover any damages in excess of the rent by way of recoupment, in a dispossessory proceeding.