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MOBIL OIL CORP. v. THORN

Docket No. 58248, (Calendar No. 11).

401 Mich. 306 (1977)

258 N.W.2d 30

MOBIL OIL CORPORATION v. THORN

Supreme Court of Michigan.

Decided October 6, 1977.

Attorney(s) appearing for the Case

Gault, Davison, Bowers & Hill for plaintiff.

Walter L. Leech for defendant.

FITZGERALD, J.

The issue before this Court is whether a lessor is liable in tort to his lessee for personal injuries and damages resulting from a failure of the lessor to perform under a covenant in the lease to repair the premises. The trial court and Court of Appeals, following the rule in Kuyk v Green, 219 Mich. 423; 189 NW 25 (1922), that an action in tort may not be predicated by a lessee upon a breach by the...

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