Stevens v. Pendleton

This case has been before the Court on three former occasions, and is reported in 83 Mich. 342, 85 Id. 137, and 94 Id. 405. The facts sufficiently appear in'the former opinions. It was held, when the case was here before, that the determination in the chancery proceeding against defendant Pendleton, that there was a mistake in preparing the lease, was not conclusive on the surety, but it was held, in effect, that the force of the lease as evidence had been broken by the chancery decree, and that the burden of proof rested with the defendants to- show that there was an agreement to effect a…