preview

Brown V. Case Brief

Satisfactory Essays
Facts: In a lease dispute, Brown (D) (lessee) attempted to assert a claim of implied warranty of habitability, which did not exist as a matter of law in 1889. The facts show that D carefully inspected the home before moving in. D made payments up to the final quarter of the lease term. Apparently, there were offensive odors emanating from a neighbor, but Franklin (P) and D were not aware of them at the time on the lease. The contract had no language that guaranteed habitability, and made no representations the property was fit to live in. D’s claim is that despite the lack of express language, that the covenant was implied because it was a furnished home. History: The court ruled in favor of P. Issue: Is the tenant allowed a claim of implied
Get Access