Logan v. Anderson
Michigan Supreme Court
Error to Jackson Circuit Court. The cause came into that court on appeal from a justice of the peace. The action was covenant, brought by Anderson, to recover rent due on an agreement under seal, dated ICth June, 1838, whereby he agreed to lease to Logan certain premises for one year from the 1st June following; and Logan agreed to pay him one dollar a week by way of rent.
Read the full summary
Error to Jackson Circuit Court. The cause came into that court on appeal from a justice of the peace. The action was covenant, brought by Anderson, to recover rent due on an agreement under seal, dated ICth June, 1838, whereby he agreed to lease to Logan certain premises for one year from the 1st June following; and Logan agreed to pay him one dollar a week by way of rent. Logan proved in defence an assignment, endorsed on the back of the lease in the following words : “ For a valuable consideration I hereby assign to.G. H. Gorham all my right and interest to the within lease. . Jackson, July…
1Opinion of the CourtWhipple, J.
To warrant the judgment of the circuit court, it must be assumed that the agreement referred to by Gorham was void, under the provisions of R. L. 1833, p. 342, § 9,* which declares “ that no leases, &c. shall, at any time hereafter, be assigned, granted, or surrendered, unless it be by deed or pote in writing, signed by the parties so assigning, granting, or surrendering the same, or their agents, thereunto lawfully authorized by writing, or by act and operation of law.” The only question presented for our consideration, is, whether the le.ase executed by Anderson was surrendered “ by act and…
2Cited by4 opinions
- Stevens v. DebarMichigan Supreme Court · 1924
- Gingrass v. MatherMichigan Supreme Court · 1901
- Youell v. KridlerMichigan Supreme Court · 1895
- Strand Amusement Co. v. HallMichigan Supreme Court · 1928