Jacobs v. Callaghan

This was an action for use and occupation of a building in Detroit, claiming about two months’ rent, for April and May, 1883, at $60 a month, and a small balance beyond. Defendant gave notice that he would prove a surrender and acceptance by plaintiff about April 1, 1883. The case, which was begun in a justice’s court and appealed to the circuit, terminated in a verdict for the full sum claimed. Defendant brings error.

Plaintiff proved a written léaseto defendant, under which possession was held. Defendant introduced testimony tending to prove a surrender, and that plaintiff subsequently had…