Swart v. Western Union Telegraph Co.
Michigan Supreme Court
Error to Wayne; Frazer, J. Assumpsit by James H. Swart and William C. Swart, copartners as Swart Brothers, against the Western Union Telegraph Company for rent. There was judgment for plaintiff for less than the amount claimed, on a verdict directed by the court, and plaintiffs bring error.
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Error to Wayne; Frazer, J. Assumpsit by James H. Swart and William C. Swart, copartners as Swart Brothers, against the Western Union Telegraph Company for rent. There was judgment for plaintiff for less than the amount claimed, on a verdict directed by the court, and plaintiffs bring error. In the winter of 1901, plaintiffs, proprietors of the Hotel Cadillac, and one Elster, the local manager of the defendant, entered into verbal negotiations for a lease to the defendant for room in the Hotel Cadillac for a telegraph office. A proposition was made by plaintiffs to lease room or space for that…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. No claim is made by plaintiffs that any written lease was executed. They claim that there was a parol lease for five years, void under the statute of frauds, but valid for a year, and seek to recover for seven months’ rent. The court held that no verbal lease had been agreed upon, and that, therefore, the defendant was a tenant at sufferance or at will, and that, the rent being payable monthly, plaintiffs were entitled to one month’s rent, and judgment was entered for that amount. The plaintiffs have appealed.
It is clear that the verbal negotiations did not…
2Cases cited5 opinions
- Huntington v. ParkhurstMichigan Supreme Court · 1891
- Huyser v. ChaseMichigan Supreme Court · 1865
- Barrett v. CoxMichigan Supreme Court · 1897
- McIntosh v. HodgesMichigan Supreme Court · 1896
- Eaton v. HallNew York Supreme Court · 1904
3Cited by4 opinions
- Hill v. General Motors Acceptance Corp.Michigan Court of Appeals · 1994
- Rindge Building v. United Automobile InsuranceMichigan Supreme Court · 1924
- Hill v. General Motors Acceptance Corp.Michigan Court of Appeals · 1994
- Moore v. MoncusMichigan Supreme Court · 1956