Pikes Peak Co. v. Pfuntner
Michigan Supreme Court
Appeal from Wayne; Rohnert, J. Bill by the Pikes Peak Company against Charles H. Pfuntner and Jacob Beller to establish an interest' in a lease. From a decree for complainant, defendant Pfuntner appeals. The defendant Beller on November 1, 1901, leased to one Ingersoll a parcel of land situated near the Belle Isle bridge in the city of Detroit for 10 years at an annual rental of $1,500. The lease was assigned to the Detroit Amusement Company.
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Appeal from Wayne; Rohnert, J. Bill by the Pikes Peak Company against Charles H. Pfuntner and Jacob Beller to establish an interest' in a lease. From a decree for complainant, defendant Pfuntner appeals. The defendant Beller on November 1, 1901, leased to one Ingersoll a parcel of land situated near the Belle Isle bridge in the city of Detroit for 10 years at an annual rental of $1,500. The lease was assigned to the Detroit Amusement Company. That company constructed a roller coaster and other amusement appliances, and operated them until September, 1906, when the roller coaster was destroyed…
1Opinion of the CourtGrant, J.
(after stating the facts). The principles of law controlling this case are too well settled, both by authority and reason, to require much discussion. One occupying a confidential and fiduciary relation to another is held to the utmost fairness and honesty in dealing with the party to whom he stands in that relation. Torrey v. Cement Co., ante, 348 (122 N. W. 614).
While it is true the tenant, in the absence of express agreement, has no enforceable right to renewal of the lease, yet it is natural that, other things being equal, the landlord would lease to his present tenant, and that the…
2Cases cited6 opinions
- Davis v. HamlinIllinois Supreme Court · 1883
- Grumley v. WebbSupreme Court of Missouri · 1869
- People ex rel. Plugger v. Township Board of OverysselMichigan Supreme Court · 1863
- Robinson v. . JewettNew York Court of Appeals · 1889
- Torrey v. Toledo Portland Cement Co.Michigan Supreme Court · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
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- Slater v. Smith (In Re Albion Disposal Inc.)United States Bankruptcy Court, W.D. New York · 1993
- Boden v. RenihanMichigan Supreme Court · 1941
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