For Your Data Davidow V. Inwood N Professional Person Group-Phase 1 Example Brief
September 16, 2019
Edit
Davidow v. Inwood North Professional Group-Phase I example brief summary
747 S.W.2d 373 (1988)
CASE FACTS
Petitioner leased infinite from respondent for utilisation every bit a medical office. After entering the premises, petitioner discovered a disclose of problems, including a leaking roof, pest in addition to rodent infestation, in addition to respondent's failure to pay electrical bills. Petitioner moved out in addition to stopped paying rent. Respondent sued to recover unpaid rent, in addition to petitioner answered that respondent had breached an implied warranty that the leased premises were suitable for utilisation every bit a medical office, thence excusing petitioner from farther rent payments.
PROCEDURAL HISTORY
The lawsuit courtroom entered judgment inward defendant's favor, which was reversed past times the courtroom of appeals.
DISCUSSION
CONCLUSION
Judgment reversed, every bit at that topographic point was implied warranty past times respondent inward commercial lease that the premises were suitable for their intended commercial purpose. In addition, obligation to pay rent was mutually subject on warranty, then breach past times respondent excused farther rent payments past times petitioner.
Suggested constabulary schoolhouse report materials
Shop Amazon for the best prices on Law School Course Materials
.
747 S.W.2d 373 (1988)
CASE SYNOPSIS
Petitioner tenant sought review of judgment inward favor of respondent landlord entered past times the Court of Appeals, Fourteenth District (Texas), which reversed judgment inward petitioner's favor entered past times the lawsuit courtroom inward respondent's activity to recover unpaid rent nether a commercial lease.CASE FACTS
Petitioner leased infinite from respondent for utilisation every bit a medical office. After entering the premises, petitioner discovered a disclose of problems, including a leaking roof, pest in addition to rodent infestation, in addition to respondent's failure to pay electrical bills. Petitioner moved out in addition to stopped paying rent. Respondent sued to recover unpaid rent, in addition to petitioner answered that respondent had breached an implied warranty that the leased premises were suitable for utilisation every bit a medical office, thence excusing petitioner from farther rent payments.
PROCEDURAL HISTORY
The lawsuit courtroom entered judgment inward defendant's favor, which was reversed past times the courtroom of appeals.
DISCUSSION
- The reason supreme courtroom reversed, in conclusion petitioner was non liable for unpaid rent.
- It held at that topographic point was an implied warranty of suitability past times respondent inward the commercial lease that the premises were suitable for their intended commercial purpose.
- Moreover, petitioner's obligation to pay rent was mutually subject on, non independent of, respondent's implied warranty.
CONCLUSION
Judgment reversed, every bit at that topographic point was implied warranty past times respondent inward commercial lease that the premises were suitable for their intended commercial purpose. In addition, obligation to pay rent was mutually subject on warranty, then breach past times respondent excused farther rent payments past times petitioner.
Suggested constabulary schoolhouse report materials
Shop Amazon for the best prices on Law School Course Materials
.