Daley v. Quick

Citations

• 99 Cal. 179
• 33 P. 859
• 1893 Cal. LEXIS 633

Syllabus

<p>Lañdlobd and Tenant—Injuby to Tenant—Defective Woodshed—False Bepbesentations — Evidence—Agency—New Tbial.—Where a tenant who was injured by the falling of a defective woodshed, in an action against the landlord for damages for the injury, alleged in his complaint that the landlord falsely represented to him that the woodshed was safe and suitable as a place to store fire-wood, knowing the contrary to be true, and that the tenant was induced thereby to continue the tenancy, and place fire-wood therein, the allegations of fraud and misrepresentations are essential to his cause of action; and where issue was taken upon them, and the evidence failed to show that any wilful misrepresentations were made by the landlord or by any one authorized to represent him, and merely showed that a person authorized only to make repairs, and not authorized to make false representations, stated that the shed was safe, and there was no proof that he did not know or believe it to he unsafe, or that he had no reasonable ground for believing the representations to be untrue, and no evidence that any fact was suppressed that the landlord was bound to disclose to the tenant, Reid, that a verdict for the tenant was properly set aside, and a new trial of the action properly granted by the court.</p> <p>Ed—Defects in Bented Pbemises—Caveat Emptob—Notice of Defects—Pbesumption—Acceptance of Bisk by Tenant—Eepaibs.—The principle of caveat emptor applies to the occupation of rented premises by a tenant as to any defects which are inherent and unknown to the landlord, and the landlord is not liable to the tenant for injuries received where he has done all that a reasonable, prudent man would have done toward fitting the place for occupation, and has not kept the tenant in ignorance of defects known to him; and when it would appear from an examination of the premises, such as an ordinarily prudent man would make before residing upon them, that they were unsafe, and that the defect rendering them