Rice v. Atkinson, Deacon, Elliott Co.
Michigan Supreme Court
Appeal from Wayne; Goff (John H.), J. Bill by William E. Rice against the Atkinson, Deacon, Elliott Company to enjoin an interference with plaintiff's tenancy under a lease. From a decree for plaintiff, defendant appeals.
1Opinion of the CourtFellows, J.
I am unable to agree with the result reached by my Brother Moore in this case. While a tenant paying an annual rental who holds over after his term has expired with the acquiescence of his landlord is frequently called a tenant from year to year, I am persuaded that such tenancy does not possess all the attributes of one from year to year. Where there is no express agreement for a renewal of an annual lease and the tenant remains in possession after the term has expired the landlord may treat ’him as a trespasser or may acquiesce in his continuing in possession and in the latter event the law…
2Cases cited10 opinions
- Kennedy v. . City of New YorkNew York Court of Appeals · 1909
- Scott v. BeecherMichigan Supreme Court · 1892
- Faraci v. FassuloMichigan Supreme Court · 1920
- Murphy v. McIntyreMichigan Supreme Court · 1908
- Schneider v. LordMichigan Supreme Court · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re Peggy A. Miller, Debtor. Peggy A. Miller v. Chateau Communities, Inc.Court of Appeals for the Sixth Circuit · 2002
- Chateau Communities, Inc. v. MillerDistrict Court, E.D. Michigan · 2000
- Glocksine v. MalleckMichigan Supreme Court · 1963
- Kokalis v. WhitehurstMichigan Supreme Court · 1952
- Auto Parts, Inc. v. Jack Smith Beverages, Inc.Michigan Supreme Court · 1944
6 more not listed; retrieve them via the Exa API.