Shands v. Hardie

REDMANN, Judge.

Plaintiff Hunter C. Leake II agreed to sell his duplex residence to defendant Dr. Franklin C. Hardie. That agreement’s occupancy provision referred to a contemporaneous lease by Hardie to Leake of the upper apartment (“including use of half of the double garage and joint use of the patio and yard spaces”) for five years for $150 a month. One condition of the lease was that Leake make specified repairs to the apartment. The sale took place and Leake accomplished the repairs in due course.

After one year the Leakes moved out of the apartment because the Hardies allegedly breached…