Frank H. Presby, Agent, Respondent v. George G. Benjamin, Appellant

Summary

The Court held that placing a servant or caretaker in the leased apartment does not violate the lease covenant prohibiting assignment or subletting, and that the question of whether the occupant is a tenant is a factual issue for the jury. Accordingly, the trial court erred in directing a verdict for the landlord and the judgment was reversed with a new trial ordered.