Blake v. Ranous
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. This action was brought to recover from appellant damages for falsely, fraudulently and deceitfully representing a certain building owned by him and which appellee was about to lease, to be in good repair, in a sanitary condition, and fit for occupancy, whereby appellee was induced to lease and occupy said building.
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Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. This action was brought to recover from appellant damages for falsely, fraudulently and deceitfully representing a certain building owned by him and which appellee was about to lease, to be in good repair, in a sanitary condition, and fit for occupancy, whereby appellee was induced to lease and occupy said building. The original declaration counted on the false representations and stated the injury sustained by plaintiff in her business, health, etc. On the trial plaintiff amended her declaration by…
1Opinion of the CourtMoran, P. J.
We have been referred tono cases and have been unable to find any which supports the theory of a landlord’s liability, set out in the amended declai-ation and announced in the instruction given to the jury to which exception is taken.
“ To the tenant, the landlord is not liable for a nuisance existing on the premises at the time when the lease was made, nor for the defects therein, unless the defect is latent and the landlord has been guilty of fraud or actual deceit in the letting.” Wood’s Landlord and Tenant, 921, and cases there cited.
There is no implied contract on the part of a landlord…
2Cases cited5 opinions
- Minor v. SharonMassachusetts Supreme Judicial Court · 1873
- Cesar v. . KarutzNew York Court of Appeals · 1875
- Lucas v. CoulterIndiana Supreme Court · 1885
- Marshall v. CohenSupreme Court of Georgia · 1871
- Coulson v. WhitingNew York Court of Common Pleas · 1884
3Cited by11 opinions
- Davis v. SmithSupreme Court of Rhode Island · 1904
- Lazarus & Cohen v. ParmlyAppellate Court of Illinois · 1904
- Borggard v. GaleAppellate Court of Illinois · 1903
- McCoull v. HerzbergAppellate Court of Illinois · 1889
- Anderson v. MooreAppellate Court of Illinois · 1903
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