Gellis v. Claremont Masonic Ass'n

The contract declared on was one of ordinary letting. There was no express warranty of the suitableness of the premises for the purpose for which they were let, and none is to be implied. In such a case the rule is that the lessee takes the risk of the quality of the premises and cannot recover for any injury arising from defects therein. The sole exception to the rule is where the damage results from a secret defect, and there is such a concealment thereof by the landlord as to amount to fraud or deceit. To state a cause of action under this exception the declaration must aver that the…