Patterson v. Carrel
Michigan Supreme Court
Error to Berrien; Bridgman, J. Summary proceedings by Thornton E. Patterson and another against Ivan Carrel, by his guardian ad litem, for possession of certain demised premises. From a judgment of the commissioner for complainants, defendant appealed to the circuit court. Judgment for defendant upon a directed verdict. Complainants bring error. In this action complainants seek to recover the possession of certain premises by summary proceedings under the statute.
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Error to Berrien; Bridgman, J. Summary proceedings by Thornton E. Patterson and another against Ivan Carrel, by his guardian ad litem, for possession of certain demised premises. From a judgment of the commissioner for complainants, defendant appealed to the circuit court. Judgment for defendant upon a directed verdict. Complainants bring error. In this action complainants seek to recover the possession of certain premises by summary proceedings under the statute. It appears that one Mars (grantor of complainants) on December 28,1910, leased the premises in question for a period of three…
1Opinion of the CourtBeooke, J.
(after stating the facts). Assuming that there was a breach of the covenant against subletting without the written consent of the lessor (which does not clearly appear from the record), the question arises whether the landlord, Mars, after notice of the alleged breach, by his conduct in accepting rent from the new tenant and permitting him to expend money in repairs, waived his right to insist upon forfeiture under the terms of the lease ?
The rule is laid down in 24 Cyc. p. 970, as follows:'
*298“If the lessor, with notice of a breach of the restriction against assigning, permits the assignee to…
2Cases cited7 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. SettegastTexas Supreme Court · 1891
- Barrie v. SmithMichigan Supreme Court · 1881
- Conger v. . DuryeeNew York Court of Appeals · 1882
- Moses v. LoomisIllinois Supreme Court · 1895
- Batley v. DewaltWashington Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Farmers Bank & Trust Co. v. Palms Publishing Co.Supreme Court of Florida · 1923
- Krell v. CohenMichigan Supreme Court · 1921
- Pearson v. SullivanMichigan Supreme Court · 1920
- Edwards v. WirtzOregon Supreme Court · 1941
- Park Forest of Blackman v. SmithMichigan Court of Appeals · 1982
1 more not listed; retrieve them via the Exa API.