Harrington v. Huff & Mitchell Co.
Michigan Supreme Court
Error to Otsego; Sharpe, J. Assumpsit by William A. Harrington against the Huff & Mitchell Company for rent. There was judgment for defendant, and plaintiff brings error. In August, 1903, plaintiff and defendant executed a written lease, by which plaintiff leased to defendant certain premises for one year, with the privilege of extending the time to 15 months, at a rental of $30 per month.
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Error to Otsego; Sharpe, J. Assumpsit by William A. Harrington against the Huff & Mitchell Company for rent. There was judgment for defendant, and plaintiff brings error. In August, 1903, plaintiff and defendant executed a written lease, by which plaintiff leased to defendant certain premises for one year, with the privilege of extending the time to 15 months, at a rental of $30 per month. Defendant continued in possession of the premises, paying the monthly rental, until March 30, 1905, when it vacated them. It served upon plaintiff a written notice that it would vacate the premises in 30…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The principal and only question which we need to determine is whether, by the judgment in the former suit, the liability of the defendant is res ad judicata. An examination of the declaration, plea, testimony, charge of the court, and the judgment rendered establishes the fact that both suits are based upon the same lease. The sole issue in the former case was: Is the written lease still in force, or has it been superseded and abandoned by the mutual agreement of the parties ? The evidence as to the notice *141given by the defendant, the acceptance of the keys, the…
2Cases cited4 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Gunzberg v. MillerMichigan Supreme Court · 1879
- Harrison v. Remington Paper Co.Court of Appeals for the Eighth Circuit · 1905
- Bond v. MarkstrumMichigan Supreme Court · 1894
3Cited by27 opinions
- Gose v. Monroe Auto Equipment Co.Michigan Supreme Court · 1980
- Gursten v. KenneyMichigan Supreme Court · 1965
- Curry v. City of DetroitMichigan Supreme Court · 1975
- McDannel v. BlackMichigan Supreme Court · 1935
- Van Pembrook v. Zero Manufacturing Co.Michigan Court of Appeals · 1985
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