(DOWNLOAD) "Rosenberg v. Howle Et Al." by District of Columbia Court of Appeals. " Book PDF Kindle ePub Free

eBook details

Title: Rosenberg v. Howle Et Al.
Author : District of Columbia Court of Appeals.
Release Date : January 14, 1948
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 55 KB

Description

CLAGETT, Associate Judge. The sole controversy between the parties to this action is whether certain representations made by a real estate salesman constituted actionable fraud or deceit. Plaintiff purchased improved real estate in January 1946 for $30,000 from defendant, Louise M. Howle, through the other defendant, Conner & Ryon, Inc., a real estate broker, representing the seller in the transaction. The basis of the claim of fraud is that a salesman for the broker induced plaintiff to purchase by representing that the premises involved had been converted from a residence to use as an office building, that such representation was false and that in order actually to convert for office use after purchasing the property plaintiff was compelled to install various fire proofing materials and appliances in accordance with the District of Columbia building code at a total cost of $1,800. Plaintiff sued to recover the amount of such cost, the trial court gave judgment for defendants, and plaintiff appeals. It is undisputed that until just prior to the sale the premises had been used as a residence. It was sold subject to a two years' lease, which was shown to plaintiff and which had been negotiated by Conner & Ryon. The lease provided that the lessee would occupy the building 'as an office or other first commercial.' Attached to and made a part of such lease was an agreement that the lessor would make repairs and improvements consisting of 19 listed items and providing further that 'the above work to be made in accordance with the District of Columbia Building Code and satisfactory for first commercial use.' At the time of the sale of the premises the lessee was using the building for offices.