Greene v. Birdsey

1. Where a landlord had parted with possession of the rented premises, and a defective condition in the premises afterwards arose, a failure of the landlord to repair the defect afforded no right of action to a third person lawfully upon the premises who was injured by reason of the defective condition of the premises, where by the terms of the lease contract the tenant had released the landlord “from any and all damages to both persons and property” during the term of the lease, and had agreed to accept the premises in the condition they were in at the time of the lease, and to relieve the…