LANDLORD AND TENANT - COVENANT BY LANDLORD TO REPAIR - LIABILITY EX CONTRACTU FOR PERSONAL INJURIES OF THE TENANT'S WIFE

One of the terms under which certain premises were leased to plaintiff's husband was a covenant by the defendant lessor to keep the premises in repair. Defendant neglected to repair two of the porch steps, although often requested by plaintiff to do so, and because of their defective condition plaintiff fell and was hurt. She brought suit on two counts; in tort for negligence, and on the contract for its breach. Held, an action in tort would not lie, and, although this was a proper case for an action ex contractu, recovery was denied because the consequences were avoidable by the tenant.

Busick v. Home Owners Loan Corp., (N. H. 1941) 18 A. (2d) 190.