Brewster v. DeFremery

Citations

• 33 Cal. 341

Syllabus

<p>Obligations of Lessors.—A lessor is in no ease under obligation to make repairs, unless by force of an express covenant or contract to do so.</p> <p>Idem.—Where D. and M. were the owners of a brick building and the lot on which it stood, and B. (deceased) was in occupation as their tenant, on a monthly letting, without covenants by D. and M. to uphold or keep the premises in repair or in habitable condition, and while such occupation continued, B. (deceased) was crushed to death by the falling walls of said building, caused by the acts of the owners of the adjoining lot, whereby the foundations of said walls were undermined, and of which, D. and M., having timely notice, did not adopt or attempt any preventive measures; held, that a complaint, setting up this state of facts, in an action under the statute, by B., (administratrix,) against D. and M., for the benefit of the next of kin of the deceased, does not state facts sufficient to constitute a cause of action.</p>