February 19, 2016

Hannan v. Dusch | Case Brief Law Students - 154 Va. 356, 153 S.E. 824, 70 A.L.R. 141 (1930) - Supreme Court of Appeals of Virginia

FACTS: Hannan rented the real estate on Aug. 31, 1927 to be delivered on Jan. 1, 1928.  The premises were still occupied after the delivery date and there was no covenant in agreement for delivery of the real estate.

ISSUE: Is there an implied covenant to deliver possession?

HOLDING: No

RATIONALE: There are 2 sets of law: 1) English rule and 2) American rule.

The English rule favors the LL and the American rule favors the T.  Under American rule it becomes a requirement of T to oust the wrongdoer.

The LL may have a moral duty too but there is no legal requirement.

DISPOSITION: Affirmed.