Hannan v. Harper

The appellant contends that there was at least an implied agreement between him and Harper, at the time of the execution of the lease, that the upper flat was to be used for residence purposes only during the term covered by the lease. There is no express provision to that effect in the lease, and the principle that all preliminary conversations and agreements leading up to the execution of a written contract are conclusively presumed to have been embodied in the written contract obtains. But the further contention is made that such a covenant is to be implied from the fact that the building…