Legal Opinion

Kuschinsky v. Flanigan

Michigan Supreme Court

Decided May 31, 1912No. Docket No. 81PublishedCited by 20 opinions

Error to Wayne; Donovan, J. Assumpsit by Casper Kuscbinsky against Richard Flanigan for rent due under a lease in writing. Judgment for defendant. Plaintiff brings error.

1Opinion of the CourtBird, J.

The plaintiff sued defendant in justice’s court to recover a balance due on the lease of a dwelling, No. 471 Lincoln avenue, in the city of Detroit. The lease was in writing, and was to run for 21 months and 6 days, at $25 per month. The defendant vacated the premises a month and a half before the lease expired, and tendered a half month’s rent then due; but the plaintiff refused to accept it, and sued to recover two months’ rent. Judgment passed for defendant in both the justice’s and circuit courts. The defendant resisted payment of the rent, on the ground that his lease had been broken by…

2Cases cited3 opinions

  1. Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
  2. Morris v. KettleSupreme Court of New Jersey · 1894
  3. Pridgeon v. Excelsior Boat ClubMichigan Supreme Court · 1887

3Cited by20 opinions

  1. Powell v. MerrillSupreme Court of Vermont · 1918
  2. Stamp v. SteeleMichigan Supreme Court · 1920
  3. Weinstein v. BarrassoTennessee Supreme Court · 1918
  4. Giraud v. MilovichCalifornia Court of Appeal · 1938
  5. Baller v. SpivackMichigan Supreme Court · 1921

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