Shinkle, Wilson & Kreis Co. v. Birney
Ohio Supreme Court
Error to the Circuit Court of Hamilton County. The plaintiff, The Shinlde, Wilson & Kreis Co., brought suit against the defendants in the court of common pleas to recover the value of a quantity of sugar which if bad' stored in 'a warehouse leased from the defendant's, and which was destroyed by the ál-leged defective condition-of the warehouse.
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Error to the Circuit Court of Hamilton County. The plaintiff, The Shinlde, Wilson & Kreis Co., brought suit against the defendants in the court of common pleas to recover the value of a quantity of sugar which if bad' stored in 'a warehouse leased from the defendant's, and which was destroyed by the ál-leged defective condition-of the warehouse. The allegation of the petition, upon which the liability of the defendants is said to arise, is as follows: “Plaintiff states that said premises were not at the time of the making of said contract, and for a long time prior thereto had not been in…
1Opinion of the Court
At the opening of his brief counsel for plaintiff in error defines his position in the case with his usual clearness and frankness, as follows:
“1 concede the rule of caveat emptor as to contracts of lease or hire generally. Formerly the only exception to this rule was in cases of fraudulent misrepresentation or concealment on the part of the lessor; but' in recent years another and most important exception has been added.”
The soundness of the former member of this proposition appears from a long line of consistent adjudications by courts administering the common law. In lieu of the second…
2Cases cited7 opinions
- Jaffe v. . HarteauNew York Court of Appeals · 1874
- Hines v. WillcoxTennessee Supreme Court · 1896
- Cutter v. HamlenMassachusetts Supreme Judicial Court · 1888
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
- Cowen v. SunderlandMassachusetts Supreme Judicial Court · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Cooper v. RooseOhio Supreme Court · 1949
- Klott v. Associates Real EstateOhio Court of Appeals · 1974
- Bowlds v. SmithOhio Court of Appeals · 1961
- Fraser v. KrugerCourt of Appeals for the Eighth Circuit · 1924
- Glyco v. SchultzSylvania Municipal Court · 1972
30 more not listed; retrieve them via the Exa API.