Woolner v. Layne

Facts requisite to exposure of our reason for grant of leave to appeal (381 Mich 769) are not difficult of statement. The plaintiff lessors and the defendant lessees executed a one year lease covering plaintiffs’ house and lot. The lease set forth an express obligation of the lessees to pay the sum of all taxes levied against the demised premises during the stated term and the sum of all insurance carried on the house during that term.

Defendants, sued for the two sums by plaintiffs, refused to pay on strength of an affirmative defense. The defense, obviously framed upon and around the rule…