Hannan v. Dusch
Supreme Court of Appeals of Virginia
153 S.E. 824 (1930)
Relevant factsFree
Hannan (plaintiff) leased property from Dusch (defendant) starting January 1, 1928, but could not take possession on that date because a holdover tenant remained on the premises. Hannan sued, arguing Dusch had a duty to deliver actual possession even without an express covenant guaranteeing it. Dusch moved to dismiss, and the trial court ruled for Dusch. Hannan appealed.
IssueFree
Whether an implied covenant to deliver actual possession of a premises exists in real estate leases.