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Davidow v. Inwood North Professional Group-Phase I

Supreme Court of Texas
747 S.W.2d 373 (1988)


Facts

Dr. Davidow (defendant) and Inwood North Professional Group-Phase I (Inwood) (plaintiff) entered into a five-year lease for space to be used as a doctor’s office. The lease stated that Inwood would provide for air conditioning, electricity, hot water, and general maintenance services. During the lease, the premises often had a leaky roof, creating mold and mildew problems in the office. The premises also had a rodent problem, and many lights in the hallways were left unreplaced by Inwood. With fourteen months remaining on the lease, Dr. Davidow vacated the premises and refused to make further rent payments. Inwood brought suit against Dr. Davidow, and the trial court held that the premises were not suitable for a doctor’s office. Damages were awarded to Dr. Davidow for costs associated with moving his practice. Inwood appealed, with the court of appeals ruling that Inwood was entitled to back rent. Dr. Davidow petitioned for certiorari to the Supreme Court of Texas.

Rule of Law

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Issue

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Holding and Reasoning (Spears, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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