Nye v. Patterson
Michigan Supreme Court
Error to Hillsdale Circuit. This is an action of trover brought by plaintiffs in error to recover the value of twenty acres of growing wheat. They purchased the growing crop of one Alfred Hyland, who was a tenant of the defendant. The crop was growing upon the premises leased by Hyland of defendant. The*lease was a written one and covered a term of fivet years from April 1, 1869, at an annual rent of five hundred dollars, payable at the end of each year.
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Error to Hillsdale Circuit. This is an action of trover brought by plaintiffs in error to recover the value of twenty acres of growing wheat. They purchased the growing crop of one Alfred Hyland, who was a tenant of the defendant. The crop was growing upon the premises leased by Hyland of defendant. The*lease was a written one and covered a term of fivet years from April 1, 1869, at an annual rent of five hundred dollars, payable at the end of each year. The wheat was sowed in the fall of 1872 and was sold to plaintiffs at public vendue March 14, 1873. No rent was then due and there had been…
1Opinion of the Court
Mabston, J.:
In this case it is not necessary to determine what plaintiffs’ rights would have been as purchasers of the wheat at the sale made in March, in case the lease had been forfeited for nonpayment of rent. The evidence in this case is clear, that at the time the wheat was sold to plaintiffs there had been no breach or forfeiture of the lease, and there was no certainty that there would be.. Afterwards, upon the rent becoming due and being unpaid, the tenant abandoned the premises and agreed to surrender possession thereof to his landlord, the defendant, and the defendant entered' into…
2Cited by3 opinions
- Miller v. HavensMichigan Supreme Court · 1883
- Garney v. MosherMichigan Supreme Court · 1893
- Stoner v. MarkeyOhio Court of Appeals · 1940