Two questions were made in this cause: — 1st, Whether the Defendant as assignee of the lease, is bound by the covenant to repair, as well as the lessee? And 2dly, Whether the special matter pleaded, is sufficient in law to bar the Plaintiff?
With respect to the first question, we are clear in our opinion, that the covenant to repair, and to deliver up the demised premisses in good order...
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