Buckner v. Azulai
Appellate Division of the Superior Court of California
1Opinion of the CourtWhyte, J.
Plaintiff tenant sued for damages alleged to have been caused by infestation of the premises let by vermin, to-wit psocids, causing a constructive eviction. The only damage awarded was the return of the deposit for the last month’s rental. Defendant landlord appeals.
Warren v. Willett (1940) Civ. A 4824 (unreported decision of this court) has much in common with this case. There the trial court found for the tenant on two possible theories, constructive eviction and fraudulent concealment of a known condition of infestation. This court affirmed. Unless we are to distinguish that ease and limit…
2Cases cited8 opinions
- Pines v. PerssionWisconsin Supreme Court · 1961
- Butt v. BertolaCalifornia Court of Appeal · 1952
- Halliday v. GreeneCalifornia Court of Appeal · 1966
- Jacobs v. MorandAppellate Terms of the Supreme Court of New York · 1908
- Davenport v. SquibbMassachusetts Supreme Judicial Court · 1947
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3Cited by6 opinions
- Green v. Superior CourtCalifornia Supreme Court · 1974
- Javins v. First National Realty Corp.Court of Appeals for the D.C. Circuit · 1970
- Reste Realty Corporation v. CooperSupreme Court of New Jersey · 1969
- Hinson v. DelisCalifornia Court of Appeal · 1972
- Old Town Development Company v. LangfordIndiana Court of Appeals · 1976
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