A. Brown, Inc. v. Vermont Justice Corp.

148 Vt. 192 (1987)

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Nature of the Case

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Facts

P was a tenant D between January 1978, and October 1983. All exterior and structural repairs were the responsibility of the landlord, and interior repairs, including plumbing and heating, were the tenant's. P sold appliances such as washers, dryers, refrigerators, and ranges. It also sold televisions, stereo record players, radios, and sporting firearms. P repaired and renovated the interior of the premises at a cost of more than $18,000. In early 1978 the parties discussed exterior repairs, and P informed D that the roof leaked. In March of 1978, and again in April, the P reminded D of the need for roof repairs. In August some repairs were done to the roof, but the leaking continued. P continued to request repairs through telephone calls but no further repairs were done until May 1979, when a television antenna hole was patched and roofing material applied to a small area. This did not fix the leaking. In the fall of 1980, the interior ceiling panels and insulation came down in the showroom. This damaged ten refrigerators, six or eight washers and dryers, eight ranges, four freezers, two dishwashers, fifteen color televisions, ten to twelve portable color televisions, nine stereos, twelve radios, and twelve black and white televisions. The units were damaged with nicks and scratches, together with water on the floor. Additionally, water from the leaking roof damaged a furnace requiring its replacement. The damages required markdowns which reduced the regular profit on those items by a total of $5,000. The new furnace cost $2,500. The clean-up expenses were $2,000, and interior repairs came to $10,000. P had to be closed between two and three weeks at a loss in gross sales of $10,000. The court found that the shutdown caused a $ 2,000 loss in profit. D failed to repair the roof. Between 1980 and 1983 leaks caused further damage causing another furnace replacement. This one cost $3,000. In October of 1983, the lease was assigned to a new owner who repaired the roof. P sued D and won. D appealed.