Sherlock v. Thayer
Michigan Supreme Court
Error to the Wayne Circuit Court. Plaintiff below sued for damages for the forcible detainer of certain premises. It was proved that Sherlock was the owner of the premises, and leased them for six months next ensuing the 10th day of April, 1851, for a certain weekly rent, “payable weeldy in advance;” that April 10th, 1851, fell on Monday; that' the rent was paid for and up to the week ending Monday, July 3d; that on Tuesday, July 1th, the rent for the week to the ensuing…
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Error to the Wayne Circuit Court. Plaintiff below sued for damages for the forcible detainer of certain premises. It was proved that Sherlock was the owner of the premises, and leased them for six months next ensuing the 10th day of April, 1851, for a certain weekly rent, “payable weeldy in advance;” that April 10th, 1851, fell on Monday; that' the rent was paid for and up to the week ending Monday, July 3d; that on Tuesday, July 1th, the rent for the week to the ensuing Monday being unpaid, Sherlock took possession of the premises, no one being therein at the time-, and retained them, etc.…
1Opinion of the Court
By the Court,
Martin, J.
The only question presented in this case is, what was the intention of the parties to the lease in question, expressed by the stipulation that the rent should be paid weekly, in advance.
By the assent of counsel for both parties, that the term commenced on Tuesday, the 11th April, an assent conformable to- the now well-settled doctrine regarding computation of time, we are saved much trouble in the solution of this question.
The week then commencing on Tuesday, ended on the Monday night following ; were the rent payable weekly, at the end of each week, rent, if not paid…
2Cases cited1 opinion
- Ex parte DeanNew York Supreme Court · 1824
3Cited by3 opinions
- Erb-Kidder, Co. v. LevyMichigan Supreme Court · 1933
- Sellés, Casas & Co., S. en C. v. BetancourtSupreme Court of Puerto Rico · 1923
- Sellés, Casas & Co. v. BetancourtSupreme Court of Puerto Rico · 1923