Dorne v. Williams

The plaintiff instituted this action to recover one-half of the cost of repairs alleged to have been made by him to real property of the defendant's decedent. The court rendered judgment for the plaintiff, fixing damages at $1529.36 instead of the $6570.50 he claimed. The court further adjudged that the $1529.36 be liquidated by the plaintiff's retaining and applying against the judgment indebtedness the monthly rental of $30 payable by the plaintiff under the provisions of a long-term lease entered into by him and the defendant's decedent. From the foregoing judgment the plaintiff has appealed to this court. The finding, with such corrections as are warranted, recites the following facts: The defendant is the executrix under the will of Miss Harriet C. Williams, who, on June 5, 1949, died in Florida at the age of seventy-five. For many years prior to her death Miss Williams had owned, at Crescent Beach in the town of East Lyme, a tract of land upon which stood a three-story house known as the Old Homestead and, to its rear, a two-story building formerly used as a garage but later remodeled into two apartments. The homestead was divided into a northerly and a southerly apartment, each consisting of six rooms. During the summer seasons, Miss Williams was accustomed to occupy the southerly apartment. The homestead was almost fifty years old and was pretty much run-down. It was of frame construction with shingled sides and roof but without interior