Toner v. Meussdorffer

Citations

• 123 Cal. 462
• 56 P. 39
• 1899 Cal. LEXIS 1098

Syllabus

<p>Action fob Death of Tenant’s Wife—Lease by Executors—Fraud— Individual Liability.—An action for the death of a' tenant’s wife, alleged to have been caused by the deceit and fraud of the executors of a deceased person, in leasing the premises to the plaintiff, under a misrepresentation as to their safe condition, if it can be maintained at all, is properly brought against the lessors individually, and could not, in any event, be sustained against the estate of the decedent.</p> <p>Id.—Concealed Defect—Absence of Fraud—Assertion as to Safety of Premises—Caveat Emptob.—Where it affirmatively appears that the defect in the leased premises was so latent that none of the family of the tenant discovered it during five months’ occupation, and that the assertion made by the lessors as to the safety of the premises was not fraudulently made, but was warranted by the appearance of the premises, and was believeá to be true when made, they cannot be charged with fraud in making it, but the rule of caveat emptor applies, and an examination of the premises and discovery of the defect rested as much upon the tenant as upon the lessors.</p>