Legal Opinion

Simons v. Diamond Match Co.

Michigan Supreme Court

Decided December 30, 1909No. Docket No. 22PublishedCited by 16 opinions

Error to Wayne; Rohnert, J. Assumpsit by David W. Simons against the Diamond Match Company for breach of covenants in a deed. A judgment for plaintiff is reviewed by defendant on writ of error. The facts which are here stated are not disputed.

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Error to Wayne; Rohnert, J. Assumpsit by David W. Simons against the Diamond Match Company for breach of covenants in a deed. A judgment for plaintiff is reviewed by defendant on writ of error. The facts which are here stated are not disputed. The owner of certain real estate incumbered by two mortgages, one dated March- 25, 1896, the other November 15, 1897, leased various portions of the premises to tenants; one of the leases made December 9, 1898, being for the term of five years, another, running one year, with the privilege of two years, from July 1, 1899, and a third forfive years, from…

1Opinion of the CourtOstrander, J.

(after stating the facts). The declaration does not by direct averment, or by the averment of facts or circumstances, allege or import a breach of any covenant in the deed from defendant to Rothwell. The averments may be held sufficient to supply, inferentially, *246the information that the premises were occupied at the time the said covenants were made. Employing this inference, they are sufficient to apprise defendant that the persons so occupying remained in possession after the deed was delivered to Rothwell, and that as against plaintiff their right to remain in possession was judicially…

2Cases cited6 opinions

  1. Hoyt Post v. CampauMichigan Supreme Court · 1879
  2. Edwards v. ClarkMichigan Supreme Court · 1890
  3. Haldane v. SweetMichigan Supreme Court · 1884
  4. Peck v. HoughtalingMichigan Supreme Court · 1876
  5. F. B. Holmes & Co. v. City of DetroitMichigan Supreme Court · 1909

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Bartos v. CzerwinskiMichigan Supreme Court · 1948
  2. Morriss v. HesseCourt of Appeals of Texas · 1919
  3. Kleck v. KleckCourt of Appeals of Texas · 1922
  4. McMurtry v. SmithMichigan Supreme Court · 1948
  5. Porter v. RidgeMichigan Supreme Court · 1945

11 more not listed; retrieve them via the Exa API.

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