CHILDRESS v. BOWSER

No. 41S01-8912-CV-00902.

546 N.E.2d 1221 (1989)

Donna CHILDRESS, Appellant (Plaintiff below), v. Carl E. BOWSER, Jr., Appellee (Defendant below).

Supreme Court of Indiana.

December 7, 1989.


Attorney(s) appearing for the Case

Gary A. Schiffli, Joan M. Ligocki, Kroger, Gardis & Regas, Indianapolis, for appellant.

C. Dickson Faires, Jr., Frederick D. Emhardt, Miller, Faires, Hebert & Woddell, Indianapolis, for appellee.


SHEPARD, Chief Justice.

The question presented is whether a binding covenant to repair may reasonably be inferred from a landlord's admonition to a tenant at the inception of an oral lease to "do nothing" to the rental premises and his later specific promise to make a particular repair. We hold that such an inference may reasonably be drawn.

Richard Childress (Richard) leased a house from Carl E. Bowser, Jr., in March 1985 under an oral, month-to-month lease...

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