Mobil Oil Corp. v. Thorn

The issue before this Court is whether a lessor is liable in tort to his lessee for personal injuries and damages resulting from a failure of the lessor to perform under a covenant in the lease to repair the premises. The trial court and Court of Appeals, following the rule in Kuyk v Green, 219 Mich 423; 189 NW 25 (1922), that an action in tort may not be predicated by a lessee upon a breach by the lessor of an agreement to make repairs, decided this issue in the negative. This Court granted leave for the purpose of reexamining the rule enunciated in Kuyk v Green, supra. 397 Mich 889 (1976).…