Keroes v. Richards
District of Columbia Court of Appeals
HEARING on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia, in a landlord and tenant proceeding to recover possession of leased premises.
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HEARING on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia, in a landlord and tenant proceeding to recover possession of leased premises. Tbe Court in tbe opinion stated tbe facts as follows: Tbis action was begun by Edward N. Richards in tbe justice court under section 20 of tbe Code, to recover tbe possession of a bouse in tbe city of Washington, known as No. 1332 Gr St., N. W., from Jacob Heroes, lessee, under tbe claim that tenant’s lease had ceased and determined. Tbe case was removed on appeal to tbe supreme court of tbe District, where…
1Opinion of the CourtChief Justice Shbpaed
delivered tbe opinion of tbe Court:
It is tbe settled rule of tbe common law that there is no implied covenant by tbe lessor that tbe leased premises are in good repair, or fit for tbe intended use. Viterbo v. Friedlander, 120 U. S. 707, 712, 30 L. ed. 776, 777, 7 Sup. Ct. Rep. 962.
*314"Wien the lessee covenants to keep old premises in repair, some authorities hold that his obligation extends no further than keeping them and returning them in as good condition as they were when leased. A better-established rule seems to be that his obligation is to first put them in reasonable repair, and then…
2Cases cited5 opinions
- Viterbo v. FriedlanderSupreme Court of the United States · 1887
- Myers v. . BurnsNew York Court of Appeals · 1866
- Cordes v. MillerMichigan Supreme Court · 1878
- Martinez v. ThompsonTexas Supreme Court · 1891
- Waddell v. DeJetMississippi Supreme Court · 1898
3Cited by4 opinions
- Girard Trust Co. v. United StatesCourt of Appeals for the Third Circuit · 1947
- Zoslow v. National Savings & Trust Co.Court of Appeals for the D.C. Circuit · 1952
- Bogorad v. KosbergDistrict of Columbia Court of Appeals · 1951
- Soresi v. RepettiDistrict of Columbia Court of Appeals · 1950