McPherson v. Pinch
Michigan Supreme Court
Error to Eaton; Smith, J. Covenant by Samuel A. McPherson against Benjamin W. Pinch and Charles M. Beecher to recover the rent due upon a lease. From a judgment for plaintiff, defendants bring error. Suit to recover the rental upon a lease of a mill property. Defendant Pinch was the owner of the property, and exchanged it with plaintiff for property in Battle Creek, where the latter resided. The property was situated in Olivet, where defendants resided.
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Error to Eaton; Smith, J. Covenant by Samuel A. McPherson against Benjamin W. Pinch and Charles M. Beecher to recover the rent due upon a lease. From a judgment for plaintiff, defendants bring error. Suit to recover the rental upon a lease of a mill property. Defendant Pinch was the owner of the property, and exchanged it with plaintiff for property in Battle Creek, where the latter resided. The property was situated in Olivet, where defendants resided. The lease bears date December 9, 1895, and is signed by plaintiff and both defendants. Defendants signed it at Olivet, and defendant Pinch…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. Plaintiff offered the lease in evidence, except the agreement upon the back, to which defendants’ counsel objected. It was received under exception. The latter agreement was subsequently introduced. The alteration was a material one, and neither before the lease was offered in evidence, nor afterwards, was there any competent evidence to show that Mr. Beecher had authorized Mr. Pinch to change the lease. If the case rested upon this, the objection would be fatal, not only to the admission of the leáse in evidence, but to the right of recovery against Beecher. '…
2Cited by4 opinions
- Johnston v. CorneliusMichigan Supreme Court · 1916
- Hoek v. Township of AllendaleMichigan Supreme Court · 1910
- Hillman v. HulettMichigan Supreme Court · 1907
- Root & McBride Co. v. Walton Salt Ass'nMichigan Supreme Court · 1905