Legal Opinion · Dissent

Boyce v. Brewington

New Mexico Supreme Court

Decided April 7, 1945No. 4840Published

1DissentBrice, Justice

That the plaintiff was a business invitee is unquestioned. Obviously the invitation extended to an inspection of the entire house, including the basement; and it did not require her to inspect only such portions as might be shown by the agent. It included the right to independently inspect all or any part of the premises.

The rule is that the owner of a building who invites another to inspect it with a view of selling the property to the invitee, is charged with the duty of using ordinary care in having the premises in a reasonably safe condition for inspection; and if there are concealed…

2Cases cited20 opinions

  1. Hogsett v. HannaNew Mexico Supreme Court · 1936
  2. Marston v. ReynoldsMassachusetts Supreme Judicial Court · 1912
  3. Palmer v. Boston Penny Savings BankMassachusetts Supreme Judicial Court · 1938
  4. Seal v. Safeway Stores, Inc.New Mexico Supreme Court · 1944
  5. Silvestro v. WalzIndiana Supreme Court · 1943

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