# Haire v. American Trust & Banking Co.

> Court of Appeals of Tennessee · April 13, 1935 · 19 Tenn. App. 656

URL: https://www.frixlaw.com/law-library/cases/3896060

## Case

- **Full name:** Haire v. American Trust & Banking Co.
- **Court:** Court of Appeals of Tennessee
- **Decided:** April 13, 1935
- **Citations:** 19 Tenn. App. 656; 94 S.W.2d 59; 1935 Tenn. App. LEXIS 76
- **Precedential status:** Published
- **Opinion:** Dissent by Crownover
- **Judges:** Dewitt, Crownover, Faw
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3896060

## Opinion text

CROWNOVER, J.
(dissenting). I am compelled to dissent from the opinion in this case for two reasons: First. The agreement on
*661
ihe part of the trustee to keep the property insured and “in repair” is a covenant that runs with the land and makes the trustee liable to third persons for injuries resulting from unsafe condition of the premises. Commercial Club v. Epperson, 15 Tenn. App., 649 . I do not think the trustee can avoid liability by renting out the property to a tenant without any agreement as to the repairs. Second. I think there is enough evidence in the case that the trustee or landlord agreed to repair to carry the case to the jury; therefore I think the judgment should be reversed and the cause remanded for .a new trial.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3896060. Public record. Not legal advice.