NEPVEU v. RAU

No. 89-466.

583 A.2d 1273 (1990)

David NEPVEU v. George RAU.

Supreme Court of Vermont.

Motion for Reargument Denied November 29, 1990.


Attorney(s) appearing for the Case

Valerie White and James R. Dean Mahoney, Law Clerk, on the brief, Hyde Park, for plaintiff-appellee.

Harold B. Stevens, Stowe, for defendant-appellant.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MORSE, JJ.


MORSE, Justice.

Defendant-landlord appeals a judgment awarding plaintiff-tenant damages for breaching the implied warranty of habitability and wrongfully withholding plaintiff's security deposit. We affirm.

Upon first occupying the leased apartment on December 31, 1987, the tenant discovered that the toilet did not flush and promptly complained to the landlord. After numerous verbal notices to defendant of the problem and two repair attempts by a plumber,...

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