Davis v. George
Supreme Court of New Hampshire
Debt, for rent of a hotel building and for $1,137.50 for furniture and supplies. Plea, the general issue, with a brief statement, which the plaintiff moves to reject.
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Debt, for rent of a hotel building and for $1,137.50 for furniture and supplies. Plea, the general issue, with a brief statement, which the plaintiff moves to reject. From this statement and the admissions of the parties the following facts appear: November 2,1885, the plaintiff leased to the defendants the hotel with all the furniture therein belonging to the lessor, excepting a few specified articles, for the term of five years from November 1, 1885, upon an annual rental of $700 payable in equal quarterly payments. .The defendants covenanted that they would quit and deliver up the premises…
1Opinion of the Court
.Per Curiam. *
In a lease of land there is ordinarily no implied covenant or condition that the premises are suitable for the purposes of the lessee’s occupation. Elliott v. Aiken, 45 N. H. 30, 36; Scott v. Simons, 54 N. H. 426; Dutton v. Gerrish, 9 Cush. 89; Foster v. Peyser, 9 Cush. 242; Libbey v. Talford, 48 Me. 316, 318; Monk v. Cooper, 2 Ld. Ray. 1477; Belfour v. Weston, 1 T. R. 310; Wilkinson v. Clauson, 29 Minn. 91; Doyle v. Railway, 147 U. S. 413, 429; Edwards v. Railroad, 98 N. Y. 245, 246. It is the duty of the court in such a case, as in cases of other contracts, to ascertain the…
2Cases cited13 opinions
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
- Doyle v. Union Pacific Railway Co.Supreme Court of the United States · 1893
- Franklin v. . BrownNew York Court of Appeals · 1889
- Minor v. SharonMassachusetts Supreme Judicial Court · 1873
- Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
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3Cited by4 opinions
- In re Sherwoods, Inc.Court of Appeals for the Second Circuit · 1913
- Japhet v. PolemanakosCourt of Appeals of Texas · 1913
- Williams v. BernathCourt of Appeals of Georgia · 1939
- Finnegan v. McGavockWisconsin Supreme Court · 1939