Legal Opinion

Woodrow v. Michael

Michigan Supreme Court

Decided April 11, 1865PublishedCited by 3 opinions

Error to Wayne Circuit. Michael commenced proceedings before a Circuit Court Commissioner to recover possession of certain premises.

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Error to Wayne Circuit. Michael commenced proceedings before a Circuit Court Commissioner to recover possession of certain premises. The case was brought to the Circuit ■ Court by appeal, where the evidence tended to establish the following facts: “ That the premises in dispute were leased to the defendant under the agreement that he should make certain specific repairs upon the house, and‘occupy them by himself, or a tenant, at a rent of twelve dollars per month, payable monthly, until the repairs were paid for by the rent; and that he might occupy them afterwards, till the plaintiff should…

1Opinion of the Court

Campbell J.:

Defendant in error brought proceedings to evict plaintiff in error, as a tenant holding over after the expiration of his term. He showed, in the Court below, a tenancy from month to month, on the understanding that the tenant should give up possession whenever the landlord should want the premises for his own use. The tenant failed, on demand, to yield possession — no notice having been given to terminate the tenancy, which he claimed to be an ordinary tenancy at will. The Court below charged that it was an estate which terminated on the happening of a contingency, without notice,…

2Cited by3 opinions

  1. Detroit Savings Bank v. BellamyMichigan Supreme Court · 1882
  2. Betz v. MaxwellSupreme Court of Kansas · 1892
  3. Le Tourneau v. SmithMichigan Supreme Court · 1884

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