(Download) "Lewis Fair and Grace Fair v. Alexander Negley" by Superior Court of Pennsylvania ~ Book PDF Kindle ePub Free
eBook details
- Title: Lewis Fair and Grace Fair v. Alexander Negley
- Author : Superior Court of Pennsylvania
- Release Date : January 12, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
In the present action, Appellants Lewis and Grace Fair appeal the decision of the Court of Common Pleas of Butler County sustaining the demurrers of Appellee Alexander Negley to both counts of appellants complaint. In asking us to reverse the trial court, appellants seek an extension of our recent decision to abolish the common law doctrine of caveat emptor as it applies to residential leases and to apply an implied warranty of habitability to all such leases. Pugh v. Holmes, 253 Pa. Super. 76, 384 A.2d 1234 (1978). The two major issues raised by appellants are whether the implied warranty may be used as a basis for a complaint and whether the warranty may be waived by agreement of the parties to the residential lease. We hold that the implied warranty is a valid basis for a complaint and that the warranty may not be waived. Furthermore, we reverse the trial courts decision sustaining appellees demurrer to the second count of appellants complaint which alleged intentional infliction of emotional distress.
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