Vanderburg v. Drake

RALEIGH BROWN, Justice.

We withdraw our opinion and judgment of November 22, 1974, and substitute this opinion therefor.

This is a summary judgment case. Fre-ta M. Vanderburg and James R. Vander-burg, husband and wife, sued R. F. Drake seeking damages for personal injuries sustained by Freta Vanderburg when a chair on which she sat collapsed. At the time Mrs. Vanderburg was the social guest of Peggy Key in an apartment owned by Drake. The trial court granted summary judgment for Drake upon his motion which contended there was no covenant or agreement on his part to keep the rented premises or…