Delaney v. Johnson
Decision Date | 16 May 1910 |
Citation | 128 S.W. 859 |
Parties | DELANEY v. JOHNSON. |
Court | Arkansas Supreme Court |
Appeal from Circuit Court, Garland County; W. H. Evans, Judge.
Action by J. B. Johnson against P. J. Delaney to recover money deposited as security for payment of rent. From a judgment for plaintiff, defendant appeals. Reversed.
Wood & Henderson, for appellant. Greaves & Martin, for appellee.
P. J. Delaney and J. B. Johnson entered into a written contract of lease, which is in part as follows:
The contract was signed by both parties. It contained no stipulation or warranty that the roof of the house was in good repair, or that it would not leak, or to keep the same or house in repair.
Johnson instituted an action against Delaney, on this contract, in the Garland circuit court, to recover the $300. He alleged in his complaint that he and defendant entered into the foregoing contract; that pursuant to the terms thereof he deposited with the defendant the $300 as security for the payment of rent; that the house at the time he rented it was untenantable; that its roof, in rainy weather, leaked to such an extent as to make the rooms of the house untenantable; that this defect was not known to him at the time he executed the lease; that defendant warranted the roof to be in good condition, and that it would be kept in good repair during the term of the lease; that plaintiff, on account of the condition of the roof, was compelled to surrender the house on the 15th day of January, 1909; that he demanded the return of the $300, and the defendant refused to pay it. He therefore asked for judgment for the $300 and interest.
Defendant answered and denied all the material allegations of the complaint.
On a trial before a jury, plaintiff, Johnson, testified that he entered into the foregoing contract of lease with the defendant; that while he and defendant were looking at the house, before executing the contract, he asked the defendant if the house leaked, and he replied it had, but it did not then. He testified, over the objection of the defendant, that the defendant further replied that he would guarantee that the house did not leak and that the roof was in good condition. He also testified that he deposited the $300 with the defendant, who still had it; that when the first rain fell after he took possession of the house he discovered that it leaked to such an extent as to be untenantable; that he notified defendant that it leaked and requested him to repair it, and he failed to do so; that he gave up the house on the 15th of January, 1909, on account of the leaking roof, and paid the rent up to that time but no more; that he demanded the $300, and the defendant refused to pay it, saying he would do so if plaintiff would comply with his contract.
Delaney, the defendant, testified: That he told plaintiff, before renting the house to him, that it did not leak, and it did not at that time. That After plaintiff left, he had the roof repaired and leaks closed for $3.50 or $4.
Much other evidence, unnecessary to set out, was adduced by both parties.
The court at the request of plaintiff...
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Delaney v. Jackson
... ... A. 270. Where the verdict in ... a new trial must be the same, the case will not be reversed ... 43 Ark. 296; 44 Ark. 556; 46 Ark. 542; 57 Ark. 242; 60 Ark ... ... [95 ... Ark. 132] BATTLE, J ... P. J ... Delaney and J. B. Johnson entered into a written contract of ... lease, which is in part as follows: "This agreement, ... between P. J. Delaney and J. B. Johnson, as lessee, entered ... into at Hot Springs, Arkansas, this 15th day of September, ... 1908, witnesseth: ... "That ... said lessor hereby ... ...
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Smith v. Bank of Marianna
... ... or at the time of the execution of such contract. Federal ... Lumber Co. v. Harris, 152 Ark. 448, 238 S.W ... 611; Delaney v. Jackson, 95 Ark. 131, 128 ... S.W. 859; and Pictorial Review Co. v ... Rosen, 171 Ark. 719, 285 S.W. 385 ... In the ... ...