Penn State Law Review Volume 18

Penn State Law Review Volume 18

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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. 1913 edition. Excerpt: ...landlord and tenant, which is not now as it may once have been, a relation of mutual alliance and protection but one of bargain and sale, fully within the scope of the general maxim, 'coveat emptor.' " The case of Moore v. Gardiner, 161 Pa., 175, holds that when a tenant removes during the term he cannot defend against the payment of the rent subsequently accruing on the ground that the house was untenantable, it appearing that he had continued to pay the rent with knowledge of this fact and by so doing must be held to have waived his objections on that score. Turbill v. Brown, l C. C., 531, holds, that the plaintiff is not bound to communicate to the defendant anything he knew detrimental to the premises. Mere silence in regard to a material fact which is not so hidden and undiscoverable that there is a legal obligation on the part of the plaintiff to disclose it, will not avoid a contract altho it operates as an injury to the party from whom it is concealed. The parties were dealing at arm's length and it was incumbent upon the defendant to make inquiries before executing the lease. In Hazlet et al v. Powell, et al 30 Pa., 293, the court held that on a demise of lands there is no implied warranty that the premises are fit for the purpose for which they are rented nor that they shall continue so if there be no default on the part of the landlord. The case of Franklin v. Brown, 118 N. Y., 110, holds, that where the whole of an unfurnished house is leased for a definite term under a single contract which contains no covenant that the premises are in good repair or that the lessor will keep them so, the law does not imply a covenant on the part of the lessor that the building is without inherent defects rendering it unfit for...
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Product details

  • Paperback | 114 pages
  • 189 x 246 x 6mm | 218g
  • United States
  • English
  • black & white illustrations
  • 1236764153
  • 9781236764157