Lohmeyer v. Bower
Brief

View this case and other resources at: Citation. 170 Kan. 442, 227 P.2d 102, 1951 Kan. Brief Fact Summary. The Plaintiff, Mr. Lohmeyer (Plaintiff), brought suit to rescind contract to buy land after he discovered the structure on the land was in violation of a city ordinance. Synopsis of Rule of Law. A marketable title to real estate is one, which is free from reasonable doubt and a title is doubtful and unmarketable if it exposes the party holding it to the hazard of litigation. ...

Hilder v. St. Peter
Brief

View this case and other resources at: Citation. 144 Vt. 150, 478 A.2d 202, 1984 Vt. Brief Fact Summary. The Plaintiff, Hilder (Plaintiff), moved into to an apartment with substantial defects, some of which she repaired at her own cost. Plaintiff sued to recover paid rent and money spent to repair defects in apartment. Synopsis of Rule of Law. When the landlord breaches the implied warranty of habitability, tenant can withhold rent, repair defects and deduct this cost from rent payments, seek rent already paid, and seek punitive damages in the appropriate cases. ...

Chicago Board of Realtors, Inc. v. City of Chicago
Brief

View this case and other resources at: Citation. 819 F.2d 732,1987 U.S. App. Brief Fact Summary. Plaintiffs are property owners that challenged the constitutionality of a city ordinance giving tenants additional rights and landlords more responsibility. Synopsis of Rule of Law. The court analyzed the method in which a serious viable challenge to the new city statute could be challenged. ...

Berg v. Wiley
Brief

View this case and other resources at: Citation. 264 N.W.2d 145, 1978 Minn. Brief Fact Summary. Plaintiff sued for wrongful eviction and asked for damages based on the landlord changing the locks to the premises in question. Synopsis of Rule of Law. The only lawful means to dispossess a tenant who has not abandoned nor voluntarily surrendered, but who claims possession and rights adverse to those claimed by landlord, is by resort to judicial process. ...

Sommer v. Kridel
Brief

View this case and other resources at: Citation. 74 N.J. 446, 378 A.2d 767 (1977) Brief Fact Summary. Landlord sues for rent for the entire period of the lease when tenant vacated apartment prior to expiration of the lease. Synopsis of Rule of Law. A landlord has a duty to mitigate damages by attempting to re-let an apartment vacated by a tenant at fair market value. ...

Reste Realty Corp. v. Cooper
Brief

View this case and other resources at: Citation. 53 N.J. 444, 251 A.2d 268, 1969 N.J. 33 A.L.R.3d 1341 Brief Fact Summary. Tenant's office space was periodically flooded due to a faulty driveway, which was not part of the lease. After requesting and waiting for relief, tenant vacated the premises and the landlord sued for rent. Synopsis of Rule of Law. Constructive eviction occurs when an act by the landlord render the premises substantially unsuitable for the purposes for which they are lease and seriously interferes with the beneficial enjoyment of the property. ...

Ernst v. Conditt
Brief

View this case and other resources at: Citation. 54 Tenn. App. 328, 390 S.W.2d 703, 1964 Tenn. App. Brief Fact Summary. The Complainants, Mr. and Mrs. Ernst (Complaintants), approved a modification to a lease that allowed the Defendant, Conditt (Defendant), to sublease the premises and left the lessee personally liable. Defendant ceased paying rent and Complainants sued to determine whether the instrument was a sublease or assignment. Synopsis of Rule of Law. The words used in an instrument are not conclusive, rather it is the intentions of the parties that govern whether t ...

Kendall v. Ernest Pestana, Inc
Brief

View this case and other resources at: Citation. 40 Cal. 3d 488, 709 P.2d 837, 220 Cal. Rptr. 818, 1985 Cal. Brief Fact Summary. The Plaintiffs, Kendall and others (Plaintiffs), wanted to become the assignees of a current interest in land. The Defendant, Ernest Pestana, Inc. (Defendant), withheld consent pursuant to a provision in the lease requiring the corporation's approval. Plaintiff sued for declaratory relief. Synopsis of Rule of Law. Lessor must have a reasonable objection to the assignment, even with a provision in the lease stating consent can be withheld for any r ...

Crechale & Polles, Inc. v. Smith
Brief

View this case and other resources at: Citation. 295 So. 2d 275, 1974 Miss. Brief Fact Summary. Tenants of property remained after expiration of lease despite the landlord telling them to vacate. Once the landlord accepted a rent payment, tenants treated lease as a month-to-month lease, which landlord argued was actually a renewal of the full five-year term. Landlord sued to enforce a new five-year lease. Synopsis of Rule of Law. Once the landlord accepts rent from a tenant at the end of the lease, he effectively agrees to a month-to-month extension of the lease. ...

Hannan v. Dusch
Brief

View this case and other resources at: Citation. 154 Va. 356, 153 S.E. 824, 1930 Va. 70 A.L.R. 141 Brief Fact Summary. Lessee brought suit to recover damages from lessor. After signing a lease, the lessee discovered former tenants, which the lessor refused to evict, occupied the property. Synopsis of Rule of Law. Under the American rule, the lessee has a right to possession, but absent an explicit covenant, the lessor has no duty to deliver possession. ...

Garner v. Gerrish
Brief

View this case and other resources at: Citation. 63 N.Y.2d 575, 483 N.Y.S.2d 973, 473 N.E.2d 223 (1984) Brief Fact Summary. Executor of landlord's will filed suit to evict a tenant who was in possession of a lease that gave him the right to end the tenancy on a date of his choice. Synopsis of Rule of Law. A lessor can create a lease in which the lessee possesses the sole power to terminate the lease, which creates a life tenancy in the lessee. ...

In re Marriage of Graham
Brief

View this case and other resources at: Citation. 194 Colo. 429, 574 P.2d 75, 1978 Colo. Brief Fact Summary. Wife supported her husband financially while he attended school. The spouses filed for divorce and the issue became whether the husband's degree was marital property that could be divided. Synopsis of Rule of Law. An educational degree is not encompassed by even a broad interpretation of property. ...

Elkus v. Elkus
Brief

View this case and other resources at: Citation. 169 A.D.2d 134, 572 N.Y.S.2d 901,1991 N.Y. App. Div. Brief Fact Summary. Husband and wife divorced, but requested a ruling on whether wife's celebrity status and career success was marital property subject to equitable distribution in the divorce proceeding. Synopsis of Rule of Law. To the extent that a supporting spouse's efforts led to an increase in value of spouse's career, he or she is entitled to a share in equitable distribution. ...

Baker v. State
Brief

View this case and other resources at: Citation. 170 Vt. 194, 744 A.2d 864 (1999) Brief Fact Summary. Plaintiffs are same sex couples denied marriage licenses in their respective towns. Plaintiffs sued their respective towns and the state of Vermont for declaratory relief. Synopsis of Rule of Law. Under the State Constitution "Common Benefits" clause, the state is required to offer same sex couples the same protections opposite-sex couples are afforded. ...

Sawada v. Endo
Brief

View this case and other resources at: Citation. 57 Haw. 608, 561 P.2d 1291, 1977 Haw. Brief Fact Summary. The Plaintiffs, Mr. & Mrs. Sawada (Plaintiffs), sue to recover on a money judgment against the Defendants, members of the Endo family (Defendants), who granted property to their sons. Synopsis of Rule of Law. Tenancy by the entirety, for reasons of public policy, is not subject to attachment or levy by their respective individual creditors. ...

United States v. 1500 Lincoln Avenue
Brief

View this case and other resources at: Citation. 949 F.2d 73 (3d Cir. 1991) Brief Fact Summary. The Government sued to determine whether the innocent spouse possessed rights in property held by tenancy by the entirety. One spouse violated a federal statute that allowed the government to force forfeiture of property held by an individual who violated the statute. Synopsis of Rule of Law. To preserve the goals of the statute, the innocent spouse has rights of survivorship and this prevents attachment by the guilty spouse's creditors. ...

Delfino v. Vealencis
Brief

View this case and other resources at: Citation. 181 Conn. 533, 436 A.2d 27, 1980 Conn. Brief Fact Summary. Cotenants of property filed complaint to force partition of land held as tenants in common. Synopsis of Rule of Law. The court must analyze the best interests of all parties to determine whether to partition land in kind or partition via sale. ...

Spiller v. Mackereth
Brief

View this case and other resources at: Citation. 334 So. 2d 859 (Ala. 1976) Brief Fact Summary. Cotenants of property held as tenants in common filed complaint seeking sale for division among tenants in common. Synopsis of Rule of Law. Ouster necessitating the payment of rent to non-occupying tenants requires that the occupying tenant take action that prevents the use and enjoyment of the property by the non-occupying cotenants. ...

Swartzbaugh v. Sampson
Brief

View this case and other resources at: Citation. 11 Cal. App. 2d 451, 54 P.2d 73, 1936 Cal. App. Brief Fact Summary. Joint tenant leased property held in joint tenancy without the consent of other joint tenant who initiated suit to cancel the lease. Synopsis of Rule of Law. A joint tenant can lease or license anything less or equal to his rights in the joint tenancy property. ...

Riddle v. Harmon
Brief

View this case and other resources at: Citation. 102 Cal.App.3d 524, 162 Cal.Rptr. 530 (Ct. App. 1980) Brief Fact Summary. Joint tenant conveyed property to herself as tenant in common without telling joint tenant. Synopsis of Rule of Law. A joint tenant can unilaterally sever the joint tenancy and create a tenancy in common by conveying the property to herself as a tenant in common. ...

Harms v. Sprague
Brief

View this case and other resources at: Citation. 105 Ill. 2d 215, 473 N.E.2d 930, 1984 Ill. 85 Ill. Dec. 331 Brief Fact Summary. Surviving joint tenant brought action to determine title and ownership of survivorship property against mortgage holder and executor of decedent's estate. Synopsis of Rule of Law. A mortgage on the joint tenancy property was not a lien after the death of the joint tenant and did not sever the four unities of joint tenancy, thus the surviving tenant became the sole owner of the property. ...

Jee v. Audley
Brief

View this case and other resources at: Citation. 29 ER 1186, Volume 29 Brief Fact Summary. Action, brought by Plaintiff, to have a future interest, bequeathed by will, secured upon a stated condition of the will not occurring. Synopsis of Rule of Law. This early version of the Rule against Perpetuities states that the limitations of a personal estate are void, unless they necessarily vest, if at all, within a life or lives in being and 21 years and 10 months afterwards. ...

Ink et al. v. City of Canton
Brief

View this case and other resources at: Citation. 4 Ohio St. 2d 51, 212 N.E.2d 574 (1965) Brief Fact Summary. Property granted to the city was taken by the state in eminent domain proceeding. Grantors would like a portion of the money obtained in the proceeding. Synopsis of Rule of Law. An eminent domain proceeding against land obtained by grant, resulting in the payment of money does not extinguish, if any, reversionary interest the grantor possesses. ...

Swanson v. Swanson
Brief

View this case and other resources at: Citation. ...

Baker v. Weedon
Brief

View this case and other resources at: Citation. 262 So. 2d 641 (Miss. 1972) Brief Fact Summary. The Appellants, Henry Baker and others (Appellants), appeal a lower court decision authorizing the sale of the property of which they hold a future interest. Synopsis of Rule of Law. The courts role in determining whether to allow the sale of land affected by a future interest, is to consider whether selling the land would prevent waste of the property and to consider whether a sale is necessary for the best interest of all the parties, including the life tenant and the conti ...