Legal Opinion
Johnson v. Scandia Associates, Inc.
Indiana Supreme Court
Decided September 30, 1999No. 06S01-9506-CV-785PublishedCited by 37 opinions
1Opinion of the Court
SHEPARD, Chief Justice.
Some Indiana cases have recognized that a warranty of habitability may be implied in a residential lease, giving rise to damages for breach of contract upon appropriate proof. In this appeal, we recognize for the first time that such a warranty may be implied in some leases and explore the conditions under which it may be held to exist. Ultimately, we conclude that the claimant in this case has not demonstrated that a warranty was implied in her lease.
I. Statement of the Case
Scandia Associates, Inc., owns and operates an apartment complex in northeast Indianapolis…
2Cases cited23 opinions
- Boston Housing Authority v. HemingwayMassachusetts Supreme Judicial Court · 1973
- Javins v. First National Realty Corp.Court of Appeals for the D.C. Circuit · 1970
- Barnes v. Mac Brown and Company, Inc.Indiana Supreme Court · 1976
- James Patton, R.L. Hildebrand, Burns Harbor Plaza, Inc., and R.L. Hildebrand Enterprises, Inc. v. Mid-Continent Systems, Inc.Court of Appeals for the Seventh Circuit · 1988
- Theis v. HeuerIndiana Supreme Court · 1972
18 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Berkel & Co. Contractors, Inc. v. Palm & Assoc., Inc.Indiana Court of Appeals · 2004
- Zawistoski v. Gene B. Glick Co., Inc.Indiana Court of Appeals · 2000
- Rogers v. LockardIndiana Court of Appeals · 2002
- Hopper v. Colonial Motel Properties, Inc.Indiana Court of Appeals · 2002
- Thor Electric, Inc. v. Oberle & Associates, Inc.Indiana Court of Appeals · 2000
32 more not listed; retrieve them via the Exa API.