Cases Flashcards
(18 cards)
Stambovsky v Ackley
Rule
Duty to Disclose
Facts
K to buy house. Later finds out house is widely believed to be haunted. The seller must disclose all material defects that are not readily observable. Where a condition has been created by a seller which is peculiarly within their knowledge, and the condition is difficult to discover. Non disclosure is basis for rescission. Seller created reputation and did not disclose. As is clause will be enforced only relating to defects that are readily discoverable.
Garner v Gerrish
Rule
Tenancy at will
Facts
Lease stated start date and would continue until Gerrish terminates. LL claimed tenancy at will and tried to evict. Court held that right to terminate was only given to Gerrish so lease was a determinable life estate not tenancy at will.
Lohmeyer v Bower
Rule
Marketable Title/ encumbrances
Facts
Lohmeyer enter K to buy house. After researching title finds violations of city codes and private CC&R’s (house to close to street and not two stories). Violations gave rise to hazards of litigation and Lohmeyer had right to rescind. Zoning restrictions do not affect marketability, CC&Rs affect marketability.
Riddle v Harmon
Rule
Joint tenancy
Facts
Old lady owned property as joint tenancy with husband. Transferred to herself 1/2 interest in property by deed. Held to be valid way of severing joint tenancy.
policy: intent of parties (modern) over form (traditional)
Hilder v St. Peter
Rule
Tenant Remedies - Implied warranty of habitability
Facts
Hilder rented apartment with many patent and latent defects. Paid rent and notified LL of defects.
COURTS HOLDING
Implied warranty of habitability applies to both patent and latent defects, even when a T is aware of defects. When T remains in property despite defects they are not precluded T from collecting damages of all rent paid
Hickey v Green
Rule
SOF/ Exceptions to SOF
Facts
Green accepted offer and down payment on house from Hickey’s. Hickeys sold their house. Green tried to back out because they could get more money elsewhere. Despite agreement not being in writing, exception to statute of frauds applies.
Part Performance: Take possession, pay portion, make improvement.
Detrimental Reliance: Oral agreement that induces action, reliance
Frimberger v. Anzellotti
Rule
Merger and Warranties of title
Facts
After buying home Frimberger finds statutory wetland violations. Breach after executory period so title merged with deed. Deed had general warranty. Bulkhead violations were similar to zoning violations and are not encumbrances because they are not something that would be recorded on the deed when action against property had not been taken.
Luthi v Evans
Rule
Recording statutes- bona fide purchaser
Facts
X sells interests in land A-G explicitly named others non explicitly(F). X later sells property interest in F to person Y. Y records and X sues. Held. X’s recording on A-G was not enough to give Y notice. As bona fide purchaser Y wins over X
Berg v Wiley
Rule
Land Lord Remedies- methods of eviction
Facts
K said no renovations and Wiley was making renovations. Berg came into property while Wiley was away and changed locks. Court held that method of eviction was not proper because it was not peaceable. JX split: No self help unless T has abandoned (modern)/ self help OK if done in a peaceable manner (traditional)
Sommer v Kridel
Rule
Mitigation Rule
Facts
Kridel signs lease for self and fiance. Wedding called off. Kridel tries to get out of lease. LL does not relist apartment and rejects prospective tenants who inquire about apt. Court held LL had duty to mitigate and breached that duty so he could not recover damages. MITIGATION RULE
Johnson v Davis
Rule
Duty to Disclose
Facts
K to buy house. Buyer asked about the roof and seller said it was in great condition. Rainstorm revealed roof had many leaks. Court held, where the seller knows of facts materially affecting the value of the property which are not readily observable and not known to the buyer, the seller has duty to disclose them. Caveat emptor stage 3
Hannah v Dusch
Rule
Delivery of possession
Facts
When T’s lease began there was a holdover tenant. Court reasoned between American and English rule. Favored American Rule. LL cannot be punished for wrongful acts of another.
Rosengrant v Rosengrant
Rule
Delivery of Deed
Facts
Nephew helped and took care of uncle and aunt. They wanted to give N farm. Filled out deed but did not want it to take effect until after they died. Held. not a valid delivery because no present intent to be bound.
Reste Realty v Cooper
Rule
Tenant Remedies - quiet enjoyment
Facts
Office subject to frequent flooding. LL did not fix flooding. Court held; T did not accept office with all defects. Flooding breached quiet enjoyment resulting in a constructive eviction.
Spiller v Mackereth
Rule
Tenancy in Common
Reason
P and D owned building as tenants in common. After tenant vacated, D used remaining space. P demanded D vacate half of building or pay rent. Court holds that rent not awarded unless one co-tenant tries to possess and is locked out by the other.
Willard v First Church of Christ, Scientist
Lady sells house and adjoined lot to another retaining an easement for her church to park there. Willard buys without reading deed. Sues to quiet church’s easement. Held. Traditional rule is no retaining easements for third party, modern (applicable here) honor intent of the grantor, easement is valid
Holbrook v Taylor
Easement by license granted, road used to transport materials needed to build house. Servient owner tried to revoke license. Held. Where a license includes right to erect buildings, license may not be revoked after substantial costs incurred in reliance on license.
Van Sandt v Royster
Lady owns 3 lots. Installs and uses sewer line that goes across all properties. Divides and sells 2 other lots. Sewer backs up and floods basement of 3rd guy. Held. Easement by preexisting use upheld because existence of modern plumbing is notice of sewer line.
