Harwood v. Williams
Michigan Supreme Court
Cross-appeals from Cass; Des Voignes, J. Bill by Guy M. Harwood against Orlo J. Williams to enjoin the cutting and removal of certain grain grown on leased premises. Defendant filed an answer in the nature of a cross-bill to establish his ownership to said grain. From the decree rendered, both parties appeal.
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Cross-appeals from Cass; Des Voignes, J. Bill by Guy M. Harwood against Orlo J. Williams to enjoin the cutting and removal of certain grain grown on leased premises. Defendant filed an answer in the nature of a cross-bill to establish his ownership to said grain. From the decree rendered, both parties appeal. One Charles Wetherbee, being the owner of a farm of 385 acres in Cass county, leased the same to defendant on February 19, 1907. The lease contains the following, among other provisions: “Term: April 1st, 1907, to April 1st, 1908. Rent $650.00, payable $200 Mar. 1st, 1907, and $450 Jan.…
1Opinion of the CourtBrooke, J.
(after stating the facts). The first thing to be determined is the nature and duration of the tenure of defendant. There can be no doubt, when the letter of February 24, 1907, is considered, that defendant had a written lease of the entire farm for a period of three years, which could be defeated, at any time within that period, by the sale of the whole or a part thereof, in which event the lease, as to the portion sold, would terminate with the end of the current year. The lease being silent as to the right of the lessee to harvest grain sown before, but ripening after, the termination of…
2Cases cited1 opinion
- Rank v. RankSupreme Court of Pennsylvania · 1847
3Cited by3 opinions
- Dinwiddie v. JordanTexas Commission of Appeals · 1921
- Turner v. GortonMichigan Supreme Court · 1929
- Turner v. GortonMichigan Supreme Court · 1929