Casperson v. Meech

I believe that Casperson should remain liable on his implied promise of quiet enjoyment and habitability, and that his liability is secondary to that of Ferguson, who is primarily liable.

Sec. 16.3 of the Restatement (Second) of the Law, -Property (1977) states in Subpara-graph 1:

An obligation that is imposed on one of the parties to a lease without the aid of an express promise may rest on an implied promise found to exist from the facts and circumstances of the lease transaction. That implied promise is treated the same as an express promise in applying the rules of §§ 16.1 and 16.2.

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