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Richard Barton Enterprises v. Tsern
Citation:
928 P.2d 368 (1996)Facts
Richard Barton Enterprises leased a two-floor commercial building from Tsern in November 1991 to establish an antiques dealership. The lease specifically required Tsern to repair the building’s leaky roof and freight elevator to “good working order.” Barton’s business required the elevator to transport large architectural pieces to the second floor, a need that was repeatedly communicated to Tsern. When Barton took possession, the elevator was inoperable, and Tsern had not contracted to have it repaired. Tsern eventually hired Kimball Elevator to make limited repairs, instructing them to do only the minimum necessary to make the elevator “go up and down” and limiting costs to $5,000. The elevator operated intermittently between January and March 1992 before being shut down by state inspectors for safety violations. Tsern refused to make the additional repairs required for the elevator to pass inspection. Throughout the lease term, Barton continually demanded proper repairs, but the elevator remained non-functional after March 14, 1992.
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