Tillman v. Fuller
Michigan Supreme Court
Error to Wayne Circuit. The plaintiff’s declaration, besides the common money ■counts, contained the following special count: “ For that whereas the plaintiff, at the city of Detroit, in said county of Wayne, and on or about the first day of May, 1860, at the request of said defendant, did make .and enter into an agreement with said defendant for the .hire and renting of his, the said plaintiff’s, said dwelling house, situated on the east half of lot two, on north sido of…
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Error to Wayne Circuit. The plaintiff’s declaration, besides the common money ■counts, contained the following special count: “ For that whereas the plaintiff, at the city of Detroit, in said county of Wayne, and on or about the first day of May, 1860, at the request of said defendant, did make .and enter into an agreement with said defendant for the .hire and renting of his, the said plaintiff’s, said dwelling house, situated on the east half of lot two, on north sido of Woodbridge street, and on the Beatibien farm, and between St. Antoine and Hastings streets, in said city of Detroit, for…
1Opinion of the Court
Christiancy J.:
Two errors are assigned by the plaintiff in error, (who was also plaintiff below): 1st. That the Judge erred in holding the agreement proved to be void under the Statute of Frauds; and, 2d. In holding that the plaintiff, under his declaration, could not recover, because the defendant never entered into possession.
Whether the first question properly arises in the case, depends upon the question, whether the agreement-proved constituted, of itself, a lease, or present demise, or only a contract for a lease or future letting.
By Chap. 80, Sec. 6, of the Revised Statutes of 1846,…
2Cited by13 opinions
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- Whiting v. OhlertMichigan Supreme Court · 1884
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