As pioneering judges base their decisions more and more on fairness and practicality, timeliness becomes an important test for any rule of law. This test becomes particularly pertinent when there exist, side by side, in connection with a single point of law, two irreconcilable views, both of which can boast of proud precedents and a heavy "weight of authority." Such are the two views in regard to the very old landlord-tenant problem with which we are here concerned: in the absence of an express provision, is there implied, in the lessor-lessee relationship itself, an obligation on the part of the landlord to put the tenant into actual possession of the demised premises?
Loraine P. O'Keefe, Duty of Landlord to Put Tenant into Possession, 15 Clev.-Marshall L. Rev. 387 (1966)