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6 R.I. Dec. 136

Cunningham v. Goldenberg

Superior Court of Rhode Island

Decided April 29, 1930

Superior Court of Rhode Island · decided 1930-04-29

Relies on Whitehead v. Comstock Company

Decided 1930-04-29

BLODGETT, P. J.

¶1Heard upon demurrer to declaration.

¶2Declaration alleges a duty of defendant, owner of the premises rented to plaintiff from month to month, to keep the outer steps of the same in repair. Plaintiff claims to have been injured owing to lack of repair.

¶3Defendant demurs on the ground that no such duty devolves upon him.

¶4The declaration contains no allegation of any express agreement on part of defendant to keep the premises in repair.

¶5“It is well settled law that there is no implied warranty on the part of the landlord that the premises let by him are suitable for the purpose for which they are hired.”

For plaintiff: Fergus J. McOsker.For defendant: Hinckley, Allen, Til-linghast, Phillips & Wheeler.

¶6Whitehead vs. Comstock Co., 25 R. I. 425.

¶7Demurrer sustained.

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