Fish v. Thompson
Michigan Supreme Court
Error to Eaton; Smith, J. Summary proceedings by Jane Fish against Mary A. Thompson to recover the possession of leased premises. From a judgment for complainant, defendant brings error. This case is brought to this court upon writ of error from the circuit court for the county of Eaton, and is an action of summary, proceedings to recover the possession of land.
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Error to Eaton; Smith, J. Summary proceedings by Jane Fish against Mary A. Thompson to recover the possession of leased premises. From a judgment for complainant, defendant brings error. This case is brought to this court upon writ of error from the circuit court for the county of Eaton, and is an action of summary, proceedings to recover the possession of land. The facts, as shown by the testimony of witnesses for the plaintiff, are as follows: Plaintiff, Jane Fish, is the owner of a house and lot in the city of Eaton Rapids, described as lot 2 of block 7 in Dutton & Leonard’s addition to…
1Opinion of the CourtMontgomery, J.
(after stating the facts). The circuit judge charged the jury as follows:
“I charge you, as a matter of law, that an oral agreement made by defendant in September or October to vacate and give up possession of the premises and surrender her rights under the lease to plaintiff or her agent, Mr. Peterson, on November 15th, in consideration that she would be released from her obligation to pay rent for the balance of the year, would not terminate her right to hold possession of the premises, unless, in pursuance of such agreement, she did actually vacate the premises, or a portion of them, * * *…
2Cases cited2 opinions
- Baumier v. AntiauMichigan Supreme Court · 1890
- Baumier v. AntiauMichigan Supreme Court · 1887
3Cited by3 opinions
- Young v. BermanSupreme Court of Arkansas · 1910
- Phillips v. GunbySuperior Court of Delaware · 1921
- Elliott v. GentryNew Mexico Supreme Court · 1936