Hannan v. Dusch
Supreme Court of Appeals of Virginia
153 S.E. 824 (1930)
Hannan (plaintiff) entered into a lease with a landowner, Dusch (defendant), to begin on January 1, 1928. On the day the lease was to begin, Hannan was unable to enter onto the premises in question due to the presence of a holdover tenant. Hannan brought suit against Dusch, claiming that Dusch had a duty to deliver actual possession of the property, even though there was no express covenant in the lease that would guarantee this delivery. Dusch moved to dismiss on multiple grounds, including the lack of an express covenant. The court found for Dusch. Hannan appealed to the Supreme Court of Appeals of Virginia.
Rule of Law
Holding and Reasoning (Prentis, C.J.)
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