Whalen v. Galy
Michigan Supreme Court
Error to Kent; Davis (Prank D. M.), J., presiding. Summary proceedings by Martin Whalen against Joseph Galy for the possession of leased premises. There was judgment of restitution, and defendant appealed to the circuit court. Judgment for plaintiff on a directed verdict. Defendant brings error. On November 8, 1915, plaintiff entered into a lease with one Elias A. Fraam.
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Error to Kent; Davis (Prank D. M.), J., presiding. Summary proceedings by Martin Whalen against Joseph Galy for the possession of leased premises. There was judgment of restitution, and defendant appealed to the circuit court. Judgment for plaintiff on a directed verdict. Defendant brings error. On November 8, 1915, plaintiff entered into a lease with one Elias A. Fraam. The lease covered three stories and the basement and expired by its terms on November 1, 1918. The lease contained a provision against assignment without the written assent of the lessor — plaintiff. On February 7, 1917,…
1Opinion of the CourtBrooke, J.
(after stating the facts). Upon the trial defendant testified that plaintiff, some time in August, agreed to give him a new lease for three years, commencing December 1, 1918, at $160 per month, plaintiff to furnish the heat; or $150 per month, each party to furnish half of the heat. He further testified that on October 8, 1918, plaintiff told him that he could not have the lease for three years but that he would give him a lease for one year. His exact' testimony is as follows:
“Q. He promised you he'would give you a lease, didn’t he?
“A. Yes.
“Q. And he never gave it to you, did he?
“A. He…
2Cases cited5 opinions
- Tillman v. FullerMichigan Supreme Court · 1865
- Whiting v. OhlertMichigan Supreme Court · 1884
- Waldo v. JacobsMichigan Supreme Court · 1908
- Rooks v. BoothMichigan Supreme Court · 1910
- Billings v. CanneyMichigan Supreme Court · 1885
3Cited by1 opinion
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