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Articles 1 - 10 of 10
Full-Text Articles in Law
Landlord And Tenant- Fraud - Nondisclosure Of Concealed Dangers By Lessor
Landlord And Tenant- Fraud - Nondisclosure Of Concealed Dangers By Lessor
Michigan Law Review
The plaintiff rented an unfurnished apartment to the defendant without any covenants regarding habitable condition or repairs. After six months defendant moved out. Plaintiff sued for rent, and the defense was that the house was infested with vermin, bugs, and disease germs. Held, concealment of the presence of disease germs amounted to fraud, but by delay, with knowledge of the facts, defendant lost her right to rescind. A defense based upon constructive eviction was also rejected. Leech v. Husbands (Del. 1930) 152 Atl. 729.
Landlord And Tenant-Covenants-Effect Of A Municipal Ordinance
Landlord And Tenant-Covenants-Effect Of A Municipal Ordinance
Michigan Law Review
L. let a building to T. with the provision in the lease that if the premises should be rendered unfit for occupancy by reason of fire or other casualty, L. would rebuild the same at his own expense. Subsequently the city council passed a building code prohibiting the rebuilding of a structure destroyed more than sixty per cent by fire. The building in this case was almost entirely destroyed by fire and L. was refused a permit to rebuild. Previous to the refusal of the commissioner to grant a permit, T. had preferred L. the monthly rent which L. had …
Landlord And Tenant-Liability Of Landlord For Injury To Tenant At Sufferance
Landlord And Tenant-Liability Of Landlord For Injury To Tenant At Sufferance
Michigan Law Review
X rented a house and lot from the defendant with the understanding that possession and the lease would begin February 8, defendant meanwhile to repair a frozen water pipe on the premises. X moved in on the sixth while an employee of the defendant was making the repairs. Although aware of the premature occupancy, the defendant made no signs of objection or approval. The employee of the defendant negligently left an unguarded opening in the flooring, through which the plaintiff, a member of X's household, fell and injured himself. Held, that the defendant was liable. X enjoyed the rights …
Landlord And Tenant--Liability Of Landlord To Adjacent Owner For Nuisances Created By The Tennant
Landlord And Tenant--Liability Of Landlord To Adjacent Owner For Nuisances Created By The Tennant
Michigan Law Review
L's lands, which occupied the bed and west bank of Santiago Creek, separated P's land from the creek. T held under a lease from L. T excavated for sand, rock and gravel in such a way as to constitute a nuisance. By mutual agreement L and T cancelled the old lease and entered into a new one. Subsequent to the new lease a flood occurred and, as a result of the previously created nuisance, part of P's land was washed away. P sued L. The court instructed that if a nuisance were created during the first lease and was in …
Insurance-Right Of Lessor To Retain Proceeds When Lessee Under Duty To Repair
Insurance-Right Of Lessor To Retain Proceeds When Lessee Under Duty To Repair
Michigan Law Review
Plaintiff, lessee, covenanted to keep the leased premises in repair. His lease contained an option to purchase. During his term the building burned, and the lessor recovered on his policy. The plaintiff then elected to exercise his option, and, upon vendor's refusal to apply the insurance proceeds on the purchase price, brought this action against the lessor and the insurer. Plaintiff's argument, that, had he repaired, the loss would actually have fallen on him, and that his purchase had the same ultimate effect, did not appeal to the court, and it was held that defendant-lessor-vendor might retain the insurance money. …
Landlord And Tenant-Interference With Possession Of Tenant As Basis For Suit By Landlord-Injunction
Landlord And Tenant-Interference With Possession Of Tenant As Basis For Suit By Landlord-Injunction
Michigan Law Review
In the recent case of Petty v. Langan the South Dakota court granted to a landlord an injunction restraining a third party who claimed the right to a lease, "from going upon the land or interfering witμ the right of plaintiff and his tenant to the possession thereof." No authority was cited by the court for the position it took, and the result is hard to square with orthodox views, but the holding appears sound on principle and desirable.
Covenants--Mistake Of Law--Warranty Against
Covenants--Mistake Of Law--Warranty Against
Michigan Law Review
The Municipal Metallic Bed Mfg. Co. leased a building from Dobbs in reliance on his representation that it was not illegal to manufacture in said building, and the lease contained a warranty to that effect, and a promise to indemnify the Bed Co. for any loss sustained in case it should prove illegal to use the building for the purpose intended. It later proved that due to the New York building code the building could not be used for manufacturing, and the Bed. Co. sued for the loss it sustained as a result. Held, plaintiff could recover on the …
Municipal Corporations-Billboards-Prohibition Near Parks And Boulevards
Municipal Corporations-Billboards-Prohibition Near Parks And Boulevards
Michigan Law Review
The defendant acting under statutory authority passed an ordinance prohibiting billboards within five hundred feet of any park or boulevard. Held, the ordinance was valid but unenforceable as to existing billboards except upon the payment of compensation. General Outdoor Advertising Co. v. City of Indianapolis (Ind. 1930) 172 N.E. 309.
Easements-Abandonment
Michigan Law Review
A driftway across the defendant's land was created by grant, giving the plaintiff his only access to the highway. The need for a way having ceased, it had not been used by the dominant owner for about twenty-five years, and in places was so overgrown as to be almost impassable. Moreover, the defendant moved two buildings in the line of the way, and about five years previously had prevented the plaintiff from cutting brush within its bounds. The lower court held that these facts constituted an abandonment, but this was held to be error on appeal. Byard v. Hoelscher (Conn. …
Quasi-Contracts--Improvements On Land Of Another By Mistake
Quasi-Contracts--Improvements On Land Of Another By Mistake
Michigan Law Review
Plaintiffs filed a bill in chancery seeking compensation for a house built on the defendants' lot due to an error on the part of the plaintiffs. The lower court granted a decree offering the defendants the election of taking the improvements at a fair value found by the court or of releasing the lot to the plaintiffs on the plaintiffs' paying its fair value. On appeal, held, this relief was proper. Hardy et al. v. Burroughs et al. (Mich. 1930) 232 N.W. 200.