White v. Allan
District of Columbia Court of Appeals
1DissentHood, Associate Judge
I think the judgment should be reversed. This property, situated in a business district, zoned for commercial use and adaptable to a commercial use, was leased with an express covenant that it was to be used for commercial purposes only. This provision of the lease must be accepted as determinative of the rights of the parties at the time of the execution of the lease because parol evidence cannot be allowed to contradict the express provision of a written lease. Merritt v. Kay, 54 App.D.C. 152, 295 F. 973; Wigmore, Evidence § 2425 (3d ed.); Restatement, Contracts § 240, comment b; Howenstein…
2Cases cited3 opinions
- Lumber Underwriters of NY v. RifeSupreme Court of the United States · 1915
- Merritt v. KayDistrict Court, District of Columbia · 1924
- Howenstein Realty Corp. v. RichardsonCourt of Appeals for the D.C. Circuit · 1943