Detroit Savings Bank v. Bellamy
Michigan Supreme Court
Error to Wayne. Proceedings before a circuit court commissioner under the Forcible Entry and Detainer act, to recover possession of lands held by defendants as complainant’s tenants. The notice to quit, given by complainant’s agent, stated that the lease would expire on the first of May. The commissioner gave judgment of restitution, which was reversed on appeal to the circuit court. Complainant brings error.
1Opinion of the CourtCooley, J.
The notice to quit, on which this case turned in the court below, we think was sufficient.
The holding in the case was from half month to half month, with rent payable in advance. The half month expired at the middle and at the end of the month. The receipts for rent were sometimes expressed to be, to the last day of the month, and sometimes to the first of the month; the one day or the other being used indiscriminately. The notice to quit required the surrender of the premises May 1st, and the objection made to it is, that it should ■ have required the surrender April 30th. We do not think…
2Cases cited1 opinion
- Woodrow v. MichaelMichigan Supreme Court · 1865
3Cited by2 opinions
- Searle v. PowellSupreme Court of Minnesota · 1903
- Necros v. TedtmanAppellate Court of Illinois · 1925