Brush v. Beecher
Michigan Supreme Court
Error to Wayne; Frazer, J. Alfred E. Brush presented a claim for rent in the probate court against the estate of Luther Beecher, deceased. The claim was contested by George L. Beecher and Luther S. Trowbridge, the administrators, and was disallowed, whereupon claimant appealed to the circuit court. From a judgment for defendants, claimant brings error.
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Error to Wayne; Frazer, J. Alfred E. Brush presented a claim for rent in the probate court against the estate of Luther Beecher, deceased. The claim was contested by George L. Beecher and Luther S. Trowbridge, the administrators, and was disallowed, whereupon claimant appealed to the circuit court. From a judgment for defendants, claimant brings error. The following is the finding of facts made by the court before which the case was tried: Luther Beecher died September 16, 1892. At the time of his death he was the tenant under three leases which were executed by Edmund A. Brush, the ancestor…
1Opinion of the CourtGrant, J.
(after stating .the facts). The material parts of the leases being the same, we will discuss the first lease only. The position of the plaintiff is that this is a lease for a term of years, with covenants for perpetual renewals, and is equivalent to a demise in fee, and therefore valid. The position of the defendants is:
1. That the lease has ceased and is terminated by the nonpayment of rents.
2. That, if it is not so determined, it is void for want of mutuality.
3. That, if it be construed as a lease for perpetual renewals, it is void as against public policy.
4. That it was not intended by the…
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