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Smitty Leased an Apartment from Batten That Was Located Immediately

Question 41

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Smitty leased an apartment from Batten that was located immediately above Batten's shop. Smitty moved into possession on a monthly tenancy. The noise created by Batten in his shop disturbed Smitty, although it would not disturb most people. If the noise constituted a nuisance at law, Smitty would be entitled to obtain an injunction to stop Batten from making the noise.

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