New Jersey Law Reports Volume 44

New Jersey Law Reports Volume 44

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...parties to make their written contracts the only evidence of their undertakings, and enables them to protect themselves from the hazard of uncertain oral testimony with respect to their engagements. Where the lease contains no warranty of the condition of the premises, declarations of the lessor on that subject are not admissible to createa warranty; such proof would be adding to the written agreement by parol evidence. Dutton v. Gerrish, supra, and Brigham v. Rogers, 17 Mass. 571, are directly in point. In the first of these cases parol evidence of a warranty of the condition of the premises demised--there being a written lease--was excluded; and in the second it was held that, where an estate was demised by lease under seal, no action lay on a parol promise made by the lessor at the time of executing the lease, that the water on the premises demised would be good, and that there would be enough of it, and if not he would make it so. Nor will a warranty, such as has been sued on, be implied from the contract of letting. The general doctrine of the law is, that upon a demise there is no implied contract that the property is fit for the use for which the lessee requires it, whether for habitation, occupation or cultivation. Sutton v. Temple, 12 M. & IV. 52; Hart v. Windsor, Id. 68; Erskine v. Adeane, L. R., 8 Ch. App. 756; Clives v. Willoughby, 7 Hill 83; Dutton v. Gerrish, 9 Cash. 89; Foster v. Peyser, Id. 242; Wood on Land. &' Ten., 382. There is no implied duty on the owner of a house which is in a ruinous and unsafe condition to inform a proposed tenant that it is unfit for habitation, and no action will lie against him for an omission to do so in the absence of express warranty or deceit. Keates v. Earl of Oadogan, 10...
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Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236964055
  • 9781236964052