Loomis v. O'Neal
Michigan Supreme Court
Error to Kent. (Montgomery, J.) Assumpsit. Defendant brings error. The facts are stated in the opinion. 1. The relation of landlord and tenant will be dissolved when the tenant incurs a forfeiture of his lease in consequence of the breach of some condition therein contained, and the landlord re-enters or signifies his election to treat the lease as void, if it is so expressed in the lease; citing Taylor, Land. & Ten. §§ 488, 492; Wood, Land. & Ten. § 513; Gear, Land. & Ten.…
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Error to Kent. (Montgomery, J.) Assumpsit. Defendant brings error. The facts are stated in the opinion. 1. The relation of landlord and tenant will be dissolved when the tenant incurs a forfeiture of his lease in consequence of the breach of some condition therein contained, and the landlord re-enters or signifies his election to treat the lease as void, if it is so expressed in the lease; citing Taylor, Land. & Ten. §§ 488, 492; Wood, Land. & Ten. § 513; Gear, Land. & Ten. § 195; Miller v. Havens, 51 Mich. 485; and after forfeiture a court of equity may properly be appealed to, to quiet the…
1Opinion of the CourtLong, J.
This cause was tried before Judge Montgomery of the Kent circuit court, without a jury, and the court found the following facts and conclusions of law:
“ 1. At the time suit was commenced plaintiff was a minor, aged 20 years.
“2. That on May 6, 1886, the parties entered into the agreement, set out in full in plaintiff's declaration, and thereafter, and until about October 9, 1886, the parties occupied and carried on the farm in the general manner therein specified.
“3. That during such period the said farm was not, in all particulars, farmed by the plaintiff in good, workmanlike manner, and…
2Cases cited3 opinions
- Fiquet v. AllisonMichigan Supreme Court · 1864
- Coe v. WagerMichigan Supreme Court · 1879
- McLaughlin v. SalleyMichigan Supreme Court · 1881
3Cited by8 opinions
- Williamson v. JonesWest Virginia Supreme Court · 1897
- Buchanan v. McClainSupreme Court of Georgia · 1900
- Williams v. RogersMichigan Supreme Court · 1896
- State ex rel. Gillilian v. Municipal CourtSupreme Court of Minnesota · 1913
- Newman v. OlneyMichigan Supreme Court · 1898
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