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Property Keyed to Chase
Hannan v. Dusch
Citation:
154 Va. 356, 153 S.E. 824 (1930)Facts
On August 31, 1927, Walter F. Dusch leased certain real estate in Norfolk, Virginia to James T. Hannan for a 15-year term beginning January 1, 1928. The lease contained no express covenant regarding delivery of possession or quiet enjoyment. When January 1, 1928 arrived, Hannan was unable to take possession because a previous tenant wrongfully remained on the property. Hannan claimed he was ready and willing to enter and take possession and informed Dusch of this, but Dusch took no action to remove the holdover tenant. Hannan sued Dusch for damages resulting from his inability to take possession, arguing that Dusch had a duty to ensure the premises were available for entry at the commencement of the lease term.
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