Marsh v. Butterworth
Michigan Supreme Court
Case reserved from Branch Circuit. This was an action of covenant on a lease of real estate, coming to this Court on questions reserved at the Circuit. The case showed that the plaintiff, on the 14th day of June, 1850, leased certain premises to the defendant for the term of four years, and that the defendant, in consideration thereof, covenanted to make certain repairs and improvements on the premises.
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Case reserved from Branch Circuit. This was an action of covenant on a lease of real estate, coming to this Court on questions reserved at the Circuit. The case showed that the plaintiff, on the 14th day of June, 1850, leased certain premises to the defendant for the term of four years, and that the defendant, in consideration thereof, covenanted to make certain repairs and improvements on the premises. In case of non-performance, a right of re-entry was reserved to the plaintiff and in such case the defendant covenanted to pay the value of the use of the premises. It appeared also, that the…
1Opinion of the Court
By the Court,
Copeland, J.
The only question reserved necessary to be considered in deciding this case is, whether the defendant, having entered under the plaintiff) and held under him under this lease, is excused from paying rent to him by an eviction. That the entry and actual taking possession by Pierson under title conceded to be paramount, was equivalent to a complete ouster or eviction, there can be no doubt. The lessee was not bound to retain possession till actually expelled by legal process, nor subject himself to the trouble and expense of a *577lawsuit. But by quietly yielding…
2Cases cited3 opinions
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Fitchburg Cotton Manufactory Corp. v. MelvenMassachusetts Supreme Judicial Court · 1818
- Menough's AppealSupreme Court of Pennsylvania · 1843
3Cited by8 opinions
- Houston v. FarrisSupreme Court of Alabama · 1882
- Sprik v. REGENTS OF THE UNIVERSITY OF MICH.Michigan Court of Appeals · 1972
- McMorran Milling Co. v. C. H. Little Co.Michigan Supreme Court · 1918
- People v. JonesMichigan Court of Appeals · 1986
- Clinton Cotton Mills v. United StatesCourt of Appeals for the Fourth Circuit · 1947
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