This section contains the nature of the case and procedural background.

Hannan (P) leased real estate from Dusch (D) on August 31, 1927. It was a fifteen-year lease to start on January 1, 1928. When the lease was supposed to commence, the previous tenants still occupied the premises. P claimed that D should have taken legal action to oust the former tenants. D demurred, saying that he had no duty to give actual possession of the premises to P. There was no express covenant in the lease providing for either delivery or quiet enjoyment of the leased premises. P alleged damages which he had suffered by reason of this alleged breach of the contract and deed and sought to recover such damages in the action. The lower court held in favor of D. P appealed.

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