Wilkinson v. Kugler
Wilkinson v. Kugler
Opinion of the Court
Opinion by
The principal question before the court below was, whether the appellant had authorized his tenant, H. C. Kugler, to put in the steam heater. While the evidence upon this point was not strong, we cannot agree with the appellant that there was
The appellant claimed and retained the heater in question, and the auditor properly abated his claim for rent to that extent. The appellant contends, however, that after crediting the cost of the heater there is still enough rent due to absorb the fund in court. This point is raised by the fourth specification of error. Unfortunately there is nothing before us to enable us to decide this question satisfactorily. The auditor has not found the facts necessary to rule it. Upon this point the report is inadequate. There is no finding of the amount of rent due the appellant, and we cannot agree with the learned judge below that such finding was unnecessary. There is no distinct finding that the costs of any of the fixtures beyond the steam heater were proper credits on account of the rent, nor does there appear to be any evidence which would have justified the auditor in so finding, beyond some painting and spouting which appellant admits having authorized. In his schedule of distribution the auditor has contented himself with stating the amount of the fund in court, from which he has deducted the costs of the audit and the amount awarded to wage claimants, leaving a balance for distribution, $623.03, which he awards to the execution creditor, appellee. This is wholly unsatisfactory. The amount of rent due the appellant should have been distinctly found, as also the credits which the tenant, Kugler, was entitled to claim by reason of the cost of the heater, or for any other cause. This would have shown the balance, if any, still due for rent. If the credits allowed amounted to as much as the rent, the money was properly
The decree is reversed at the costs of the appellee, and the record remitted to the court below with instructions to proceed in accordance with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.