Young v. Beattie

• Decision Date: 14 May 1935
• Docket Number: Case Number: 25059
• Citation: 1935 OK 549,45 P.2d 470,172 Okla. 250
• Parties: YOUNG v. BEATTIE
• Court: Oklahoma Supreme Court

1935 OK 549

45 P.2d 470

172 Okla. 250

YOUNG v. BEATTIE

Case Number: 25059

Supreme Court of Oklahoma

Decided: May 14, 1935

Syllabus

¶0 1. TRIAL - Effect of Demurrer to Evidence.

A demurrer to the evidence admits all of the facts which the evidence reasonably tends to establish, and all inferences and conclusions which may reasonably be drawn therefrom; but, where the evidence is insufficient to sustain a verdict or judgment in favor of the party introducing it, it is not error for the court to sustain a demurrer thereto.

2. LANDLORD AND TENANT - Liability of Landlord for Personal Injuries to Tenant Caused by Defects in Premises.

In the absence of warranty, deceit, or fraud, the rule of caveat emptor applies to leases of real estate, the whole control of which passes to the tenant, and a tenant cannot recover for personal injuries received by reason of defects therein where no fraud or deceit was practiced on the tenant and no warranty was made by the landlord that the premises were in good repair.

3. SAME - Statute Held not to Give Tenant Right of Action.

The failure on the part of a lessor of a building intended for occupancy by human beings to comply with section 10926, O. S. 1931, providing that the building be placed in fit condition for such occupancy, and further providing for subsequent repairs, does not give the tenant a right of action for personal injuries resulting therefrom, since under the provisions of section 10927, O. S. 1931, the tenant has the right either to repair the premises and deduct the expense thereof from the rent or to otherwise recover same from the lessor, or to vacate the premises.

Appeal from District Court, Tulsa County; Harry L.S. Halley, Judge.

Action by Artie May Young against Lucy E. Beattie, administratrix of the estate of W.W. Beattie, deceased. From order sustaining defendant's demurrer to plaintiff's evidence, plaintiff appeals. Affirmed.

Norman Barker and W.E. Foreman, for plaintiff in error.

Thompson & Ingersol and T.L. Brown (Woodson E. Norvell, on the brief), for defendant in error.

PER CURIAM.

¶1 Plaintiff was the tenant of W.W. Beattie of an apartment house known as the Gem Apartments, located in the city of Tulsa. The tenancy began about May 1, 1932, and continued until a date subsequent to August 9, 1932. On August 9, 1932, while occupying said premises, the plaintiff stepped into a hole in a concrete floor of an alcove between two buildings on said premises, and was injured thereby. The hole into which plaintiff stepped was on the premises prior to the time that plaintiff commenced her occupancy of them, and remained there in about the same condition until the date of the accident.

¶2 Plaintiff sought to recover damages by reason of the injuries she sustained under the conditions just stated. During the pendency of the action the defendant, W.W. Beattie, died, and Lucy E. Beattie, as administratrix of the estate of W.W. Beattie, deceased, was substituted as defendant.

¶3 Plaintiff bases her entire right to recover on the failure of her landlord to repair the premises. The evidence shows that her occupancy was under a written contract, dated April 20, 1932, and under an oral agreement made on the same date. The written contract required the plaintiff "to make all repairs in said building necessary to its use and occupancy," but plaintiff testified that under the oral contract the lessor agreed to "fix it up (the premises) in good condition for me, and turn it over to me on the 1st of May." The evidence does not clearly disclose whether the oral agreement was made before, at the time, or after the written agreement was executed. But our view of the case makes that question immaterial, since plaintiff did not contend there was any fraud or deceit practiced by the landlord, nor that he warranted the premises to be in good repair. Lavery v. Brigance et al., 122 Okla. 31, 242 P. 239.

¶4 A demurrer to the plaintiff's evidence was sustained by the trial judge, and from the order thereon plaintiff has perfected an appeal to this court. She alleges error of the trial court in sustaining the demurrer to her evidence, and presents other allegations of error. Our view of the case makes it necessary to consider only the alleged error of the trial court in sustaining the demurrer to plaintiff's evidence.

¶5 Section 10926, Okla. Stats. 1931, provides as follows:

"The lessor of a building intended for the occupation of human beings must, in the absence of an agreement to the contrary, put it into a condition fit for such occupation, and repair all subsequent dilapidations thereof, except that the lessee must repair all deteriorations or injuries thereto occasioned by his ordinary negligence."

¶6 Section 10927, Okla. Stats. 1931, provides as follows:

"If within a reasonable time after notice to the lessor of dilapidations which he ought to repair, he neglects to do so, the lessee may repair the same himself, and deduct the expense of such repairs from the rent, or otherwise recover it from the lessor; or the lessee may vacate the premises, in which case he shall be discharged from further payment of rent, or

...