Legal Opinion

Lynch v. Alexander Ortlieb & Co.

Texas Supreme Court

Decided May 15, 1888No. 5740PublishedCited by 17 opinions

Appeal from Dallas. Tried below before the Hon. George N. Aldridge. The charge referred to in the fourth assignment of error is as follows: “If you believe from the evidence that, at the time plaintiffs leased the second story of defendant’s building from defendant’s agent, A. F. Hardie, said agent represented that the walls of said building were safe and substantial; and if said representation was then untrue, the east wall of said building being then defective and unsafe,…

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Appeal from Dallas. Tried below before the Hon. George N. Aldridge. The charge referred to in the fourth assignment of error is as follows: “If you believe from the evidence that, at the time plaintiffs leased the second story of defendant’s building from defendant’s agent, A. F. Hardie, said agent represented that the walls of said building were safe and substantial; and if said representation was then untrue, the east wall of said building being then defective and unsafe, and if, after plaintiffs went into possession of said second story, they discovered that the east wall of the lower…

1Opinion of the Court

Acker, Judge Commission of Appeals.

Appellant J. D. Lynch, owned a two story business house in the city of Dallas, and on the thirtieth day of January, 1880, entered into a written lease for the second story of the building to appellees for a term of two years, beginning February 20, 1880. Appellees paid rent up to April 1, 18804 and went into possession of the leased premises and began business as wholesale dealers in notions. The written contract of lease contains no covenant, or representations, as to the safety or condition of the building.

On April 1, 1880, a portion of the wall of the…

2Cases cited2 opinions

  1. Self v. KingTexas Supreme Court · 1866
  2. Hughes v. SandalTexas Supreme Court · 1860

3Cited by17 opinions

  1. Kamarath v. BennettTexas Supreme Court · 1978
  2. Luckenbach v. ThomasCourt of Appeals of Texas · 1914
  3. Johnson v. Highland Hills Drive ApartmentsCourt of Appeals of Texas · 1977
  4. Harper v. Lott Town & Improvement Co.Texas Commission of Appeals · 1921
  5. White, Ward & Erwin v. HagerTexas Supreme Court · 1923

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