Tuttle v. George H. Gilbert Manufacturing Co.
Massachusetts Supreme Judicial Court
Tort. The declaration was as follows: •“ And the plaintiff says that, in the early part of the year 1884, he together with his brother hired of the defendant a farm, with a house, barn, and other buildings thereon, the property of the defendant, situated in Ware, in the county of Hampshire, for the term of one year from April 1, 1884. At the time said premises were hired as aforesaid, the boards and planks making the floor in the barn were old, worn out, and defective, and…
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Tort. The declaration was as follows: •“ And the plaintiff says that, in the early part of the year 1884, he together with his brother hired of the defendant a farm, with a house, barn, and other buildings thereon, the property of the defendant, situated in Ware, in the county of Hampshire, for the term of one year from April 1, 1884. At the time said premises were hired as aforesaid, the boards and planks making the floor in the barn were old, worn out, and defective, and in need of repair. As a part of the contract of hiring, and in consideration of the promise of the plaintiff and his…
1Opinion of the CourtMorton, C. J.
It is the general rule that there is no warranty implied in the letting of premises that they are reasonably fit for use. The lessee takes an estate in the premises hired, and he takes the risk of the quality of the premises, in the absence of an express or implied warranty by the lessor, or of deceit. A lessee, therefore, if he is injured by reason of the unsafe condition of the premises hired, cannot maintain an action against the lessor, in the absence of warranty or of misrepresentation. In cases where lessors have been held liable for such injuries to the lessees, the liability is…
2Cases cited3 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Gill v. MiddletonMassachusetts Supreme Judicial Court · 1870
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
3Cited by109 opinions
- Roberts v. Auto-Owners InsuranceMichigan Supreme Court · 1985
- Hart v. LudwigMichigan Supreme Court · 1956
- Cullings v. GoetzNew York Court of Appeals · 1931
- Rinaldo's Construction Corp. v. Michigan Bell Telephone Co.Michigan Supreme Court · 1997
- Abrams v. Factory Mutual Liability InsuranceMassachusetts Supreme Judicial Court · 1937
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