Stott Realty Co. v. United Amusement Co.
Michigan Supreme Court
Error to Wayne; Chester, J., presiding. Assumpsit by the Stott Realty Company against the United Amusement Company for rent. Judgment for plaintiff on a directed verdict. Defendant brings error.
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Error to Wayne; Chester, J., presiding. Assumpsit by the Stott Realty Company against the United Amusement Company for rent. Judgment for plaintiff on a directed verdict. Defendant brings error. On the 31st day of January, 1912, the plaintiff was the owner of lot No. 7 and the southerly one-half of lot No. 8 and the vacated 10-foot strip in front as decreed by Wayne circuit court May 6, 1901, in block 7 of the Governor and Judges Plan on the southwesterly side of Broadway, formerly Miami avenue. This property has a frontage of 98.47 feet on Broadway, a depth of 110 feet, and was worth…
1Opinion of the CourtFellows, J.
(after stating the facts). The reentry by the landlord, the eviction of the tenant either by the landlord or by a title paramount to his, terminates the relations of landlord and tenant, and puts an end to the right of the landlord to recover rent thereafter accruing. Rent is the amount agreed to be paid for the use and enjoyment of the land, and the occupation of the land is the consideration for it. If the right to the occupancy of the land is terminated by the act of the landlord in' evicting the tenant, the obligation to pay rent ceases. Wreford v. Kenrick, 107 Mich. 389 (65 N. W. 234);…
2Cases cited13 opinions
- Michaels v. . FishelNew York Court of Appeals · 1902
- Grommes v. St. Paul Trust Co.Illinois Supreme Court · 1893
- Hall v. . GouldNew York Court of Appeals · 1855
- Woodbury v. Sparrell PrintMassachusetts Supreme Judicial Court · 1905
- Pendill v. Union Mining Co.Michigan Supreme Court · 1887
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3Cited by4 opinions
- Burns Trading Co. v. WelbornCourt of Appeals for the Tenth Circuit · 1936
- Central Trust Co. v. WolfMichigan Supreme Court · 1931
- McMorran Milling Co. v. C. H. Little Co.Michigan Supreme Court · 1918
- Luce v. Stott Realty Co.Michigan Supreme Court · 1918