Legal Opinion
Busick v. Home Owners Loan Corp.
Supreme Court of New Hampshire
Decided February 4, 1941No. 3216PublishedCited by 11 opinions
1Opinion of the CourtAllen, C. J.
It is “the well-settled rule that a landlord is under no legal duty to repair the leased premises” (Gobrecht v. Beckwith, 82 N. H. 415, 417, and cases cited), provided, of course, he is not so obligated by the express terms of the tenancy. But even then, a breach of his obligation does not render him liable in an action of tort for his negligence. Dustin v. Curtis, 74 N. H. 266; Petroski v. Mulvanity, 78 N. H. 252.
“The rule is otherwise, however, if the landlord, being under no contractual duty to repair the demised premises, chooses nevertheless to undertake that work ...” Hunkins v.…
2Cases cited9 opinions
- Gobrecht v. BeckwithSupreme Court of New Hampshire · 1926
- Dustin v. CurtisSupreme Court of New Hampshire · 1907
- Barrett v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1922
- Hunkins v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1933
- Stone v. JohnsonSupreme Court of New Hampshire · 1938
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lawton v. Great Southwest Fire InsuranceSupreme Court of New Hampshire · 1978
- Kline v. BurnsSupreme Court of New Hampshire · 1971
- Guerin v. New Hampshire Catholic Charities, Inc.Supreme Court of New Hampshire · 1980
- Vandegrift v. American Brands Corp.District Court, D. New Hampshire · 1983
- Johnson v. Waisman Bros.Supreme Court of New Hampshire · 1944
6 more not listed; retrieve them via the Exa API.