Jones v. Millsaps

Citations

• 71 Miss. 10

Syllabus

<p>1. Pleading. Making definite. Gode 1892, §704.</p> <p>Where a declaration shows, though in a general way, a cause of action, but the allegations are indefinite or uncertain, so that the precise nature of the complaint is not apparent, the remedy is not by demurrer, but by motion undér §704, code 1892, to make the pleading more definite.</p> <p>2. Landlord and Tenant. Repairs. No implied covenant against lessor.</p> <p>The execution of a lease does not imply a covenant that the lessor will make repairs. Nor is there any implied covenant, on his part, that the premises are suitable for the lessee’s business. It is for the tenant to protect himself by proper covenants.</p> <p>3. Same. Retention by lessor of part of building. Non-liability. Repairs.</p> <p>In the absence of deceit in making the contract, and where there is no express covenant to repair, the lessor of the lower story of a building is not liable for damages sustained by the lessee because of leaks from above, although the lessor retains possession of the upper story, and fails to make necessary repairs on the roof.</p> <p>4. Same. Express covenants of lessee. Implies no covenant against lessor.</p> <p>In such case, an express covenant by the lessee to repair the leased room to suit his particular business, does not raise an implied covenant on the part of the lessor to make even necessary repairs to protect the lessee in carrying on such business.</p>