Legal Opinion

Toan v. Pline

Michigan Supreme Court

Decided April 8, 1886PublishedCited by 3 opinions

Error to Ionia. (Smith, J.) Assumpsit. Plaintiff brings error. The facts -are stated in the opinion and head notes. An unnamed principal may take the benefit of a contract executed by an agent in his own name': Hubbert v. Borden, 6 Wharton’s Penn. 79 ; Violett v. Powell, 10 B. Mon. 347; Brooks v. Minturn, 1 Cal. 481; Cothay v. Fennell, 10 B. & C. 671; Byington v. Simpson, 134 Mass. 169; Wharton on Ev. §§ 950 — 1, and note 5 ; Phillips on Ev.

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Error to Ionia. (Smith, J.) Assumpsit. Plaintiff brings error. The facts -are stated in the opinion and head notes. An unnamed principal may take the benefit of a contract executed by an agent in his own name': Hubbert v. Borden, 6 Wharton’s Penn. 79 ; Violett v. Powell, 10 B. Mon. 347; Brooks v. Minturn, 1 Cal. 481; Cothay v. Fennell, 10 B. & C. 671; Byington v. Simpson, 134 Mass. 169; Wharton on Ev. §§ 950 — 1, and note 5 ; Phillips on Ev. C. H. & E. Notes, Vol. 3, p. 318; Jenness v. Shaw, 35 Mich. 20. Putting defendants into possession, and the enjoyment by them of the premises, was such a…

1Opinion of the CourtCampbell, C. J.

Plaintiff sued defendants for one year’s rent, according to an instrument of lease made by James H. Hose, dated March 17, 1883, whereby he leased to Nicholas Pline, the other Nicholas signing as surety, the premises in question, for two years from the ensuing September 1st, at an annual rent of $175, which, by the terms of the lease, was made payable to plaintiff. Defendants, as plaintiff offered to show, went into possession, and so continued when suit was brought soon after default. Plaintiff offered to show that she was owner, and all the preliminary arrangements were made with her, and…

2Cases cited3 opinions

  1. Hopkins Manufacturing Co. v. Aurora Fire & Marine InsuranceMichigan Supreme Court · 1882
  2. Norris v. ShowermanMichigan Supreme Court · 1845
  3. Switzer v. GardnerMichigan Supreme Court · 1879

3Cited by3 opinions

  1. Leadbetter v. PewthererOregon Supreme Court · 1912
  2. Kroll v. Diamond Match Co.Michigan Supreme Court · 1897
  3. Raney v. RaneySupreme Court of Arkansas · 1978

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