Grazer
Grazer v. Flanagan
Opinion
Lead Opinion
Kerrigan, J.
This is an appeal from the judgment entered upon an order sustaining defendant’s demurrer to plaintiff’s amended complaint in an action brought to recover damages for personal injuries.
The action is through the plaintiff’s guardian, and the injuries are alleged to have been sustained by plaintiff as a consequence of an explosion of gas occurring upon certain premises which had been rented to the plaintiff’s parents by the owners thereof to be occupied as a dwelling."
Stripped of legal verbiage, it appears from the complaint that on the twenty-third day of March, 1915, the plaintiff’s mother and a real estate agent, one of the defendants, visited the house in question, and after an inspection of the same and some negotiations, it was agreed that the plaintiff’s parents should become the tenants of the property at a monthly rental of $18.50; that while the rent should not commence until April, the tenant should have the privilege of taking possession on the 25th of March, and it was further agreed that the owners of the property represented by the agent should place the premises in proper repair for habitation, and that they, through their said agent, “in particular did promise…