Legal Opinion

Blaustein v. Pincus

Montana Supreme Court

Decided April 1, 1913No. 3,228PublishedCited by 14 opinions

Appeal from District Court, Silver Bow County; J. Miller Smith, a Judge of the First Judicial District, presiding. Action by Max and Rosa Blaustein against Adolph Pincus. From a judgment for plaintiffs and an order denying his motion for a new trial, defendant appeals. Tbe covenant of quiet enjoyment protects the tenant only as against the successful assertion of a paramount right.

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Appeal from District Court, Silver Bow County; J. Miller Smith, a Judge of the First Judicial District, presiding. Action by Max and Rosa Blaustein against Adolph Pincus. From a judgment for plaintiffs and an order denying his motion for a new trial, defendant appeals. Tbe covenant of quiet enjoyment protects the tenant only as against the successful assertion of a paramount right. If a tenant is disturbed in his enjoyment of the leased premises by one having an inferior right to his own, he has a remedy against the wrongdoer, either in an action for damages, or he may have an injunction. He…

1Opinion of the CourtJustice Sanner

The admitted facts in this case are: That from March, 1908, to April 1, 1910, the respondents, Max and Rosa Blaustein, were tenants under lease from the appellant, Pincus, of what is known as the Casino Theater in Butte. On March 1, 1909, these parties entered into another lease for the same premises to run for five years after April 1, 1910. This lease was in the usual form, except that it contained provisions to the effect that the premises should be used as a lodging-house and not otherwise, and that the lessees might make alterations as they saw fit, at their own expense, and should keep…

2Cases cited15 opinions

  1. Tallman v. . MurphyNew York Court of Appeals · 1890
  2. Schile v. . BrokhahusNew York Court of Appeals · 1880
  3. Snow v. . PulitzerNew York Court of Appeals · 1894
  4. De Palma v. WeinmanNew Mexico Supreme Court · 1909
  5. Alden v. MayfieldCalifornia Supreme Court · 1912

10 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Smith v. Fergus CountyMontana Supreme Court · 1934
  2. Cruse v. ClawsonMontana Supreme Court · 1960
  3. Gilson v. GilliaCourt of Appeals of Tennessee · 1958
  4. Boyd v. McCartyTennessee Supreme Court · 1919
  5. Johnson v. SnyderCalifornia Court of Appeal · 1950

9 more not listed; retrieve them via the Exa API.

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