Doty v. Gillett
Michigan Supreme Court
'Error to Alpena". Assumpsit. Plaintiff brings error. An occupant of land already leased, but who bas entered under an independent agreement, or by permission, without reference to the old lease, or objection by the first lessee, cannot set up the former lease in defense to an action for use and occupation (Phipps v. Sculthorpe 1 JB. & Aid. 50; Prevot v. Lawrence 51 N T. 222; Scott v. Hawsman 2 McL. 180) so, if the second lease recites the existence of the first, Duke v.…
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'Error to Alpena". Assumpsit. Plaintiff brings error. An occupant of land already leased, but who bas entered under an independent agreement, or by permission, without reference to the old lease, or objection by the first lessee, cannot set up the former lease in defense to an action for use and occupation (Phipps v. Sculthorpe 1 JB. & Aid. 50; Prevot v. Lawrence 51 N T. 222; Scott v. Hawsman 2 McL. 180) so, if the second lease recites the existence of the first, Duke v. Ashby 7 H. & N. 600; Cuilibertson v. Irving 4 id. 742: 6 id. 135; Holt v. Martin 51 Penn. St. 499; Jolly v. Arbuthnot 4…
1Opinion of the CourtMarston, C. J.
This action was brought to recover for the use and occupation of a shingle' mill, and evidence was introduced on the part of the plaintiff tending to prove that defendants were copartners in the business of manufacturing shingles in that mill, and that they occupied the same during the year 1874 and a part of 1875 under an express agreement made with the-agent of the plaintiff, and under which they were to pay rent at the rate of $750 per year.
The defendants did not deny such copartnership or occupancy of the mill, but denied holding it under any such agreement.
They introduced evidence, which…
2Cases cited2 opinions
- Donkersley v. LevyMichigan Supreme Court · 1878
- Carver v. PalmerMichigan Supreme Court · 1876
3Cited by11 opinions
- Van Slooten v. LarsenMichigan Supreme Court · 1980
- Fredal v. ForsterMichigan Court of Appeals · 1967
- Phy v. HatfieldTennessee Supreme Court · 1909
- Hough v. BrownMichigan Supreme Court · 1895
- Fowler v. McQuiggMichigan Supreme Court · 1923
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