Michigan Lafayette Building Co. v. Continental Bank

Plaintiff sued defendant to recover rent alleged to be due on a contract of lease in writing, dated May 29, 1924. Defendant pleaded the general issue and gave notice that plaintiff accepted a surrender of its lease and leased the premises to another company and put it in possession of the same; that plaintiff had on August 12, 1927, com menced suit against defendant by declaration; and in and by said declaration plaintiff set forth,

‘ ‘ That, notwithstanding the fact that plaintiff considered and treated the said lease in full force and effect and binding upon said defendant, and made repeated…