IRENE MOORE AND LEON RANDOLPH, MINORS, THROUGH THEIR MOTHER, NATURAL GUARDIAN AND NEXT FRIEND, JULIA MAE RANDOLPH, APPELLANTS,
v.
A. L. O'CONNOR, APPELLEE
IRENE MOORE AND LEON RANDOLPH, MINORS, THROUGH THEIR MOTHER, NATURAL GUARDIAN AND NEXT FRIEND, JULIA MAE RANDOLPH, APPELLANTS,
A. L. O'CONNOR, APPELLEE
106 So. 2d 606
Florida District Court of Appeal, Third District (1958)
Caution
Cited by 4 cases
Opinion of the Court
The tenant sued the landlord for an injury occasioned by a rotted bannister. Final summary judgment was entered for defendant. Although the landlord had made a covenant for general repairs, it conclusively appeared from the pleadings and depositions on file together with the affidavits that neither the landlord nor the tenant had knowledge of the latent defect. The judgment is affirmed upon authority of the rule set forth in Butler v. Maney, 146 Fla. 33, 200 So. 226; Sampson v. Stanley Corp., Fla.1954, 75 So.2d 186; cf. Propper v. Kesner, Fla.1958, 104 So.2d 1.
Affirmed.
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Richards v. Dodge, 150 So. 2d 477 (Fla. 2d DCA 1963)…xamination of recent Florida cases discloses no departure from this rule. See Propper v. Kesner, Fla.1958, 104 So. 2d 1; Wallace v. Schrier, Fla.App.1958, 107 So. 2d 755; Wiley v. Dow, Fla.App.1958, 107 So. 2d 166; Moore v. O’Conner, Fla.App., 1958, 106 So. 2d 606. The factor of notice is also significant in cases involving breach of the covenant of quiet enjoyment by reason of an adverse title, paramount to that of the landlords. While notice of the pendency of the suit is not a prerequisite to a cause of a…
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Minerva Goldstein and her husband v. Great Atl. & Pac. TEA Co., 142 So. 2d 115 (Fla. 3d DCA 1962)…in repair and the landlord either has actual or constructive notice of the defect. Butler v. Maney, 146 Fla. 33, 200 So. 226. Wiley v. Dow, Fla.App.1958, 107 So. 2d 166. Prosser, Torts § 80, at 475 (2d Ed.1955). See Moore v. O’Connor, Fla.App.1958, 106 So. 2d 606. The requirement of notice to the landlord is essential in the instant case. Plaintiff has failed to prove either notice to the landlord or circumstances out of which notice might be implied. There was evidence that the break in the car stop was we…
Authorities Cited
- Butler v. Maney, 146 Fla. 33 (Fla. 1941)
- Selma Propper and Irving Propper v. Kesner, 104 So. 2d 1 (Fla. 1958)
- Sampson v. Stanley Corp., 75 So. 2d 186 (Fla. 1954)