Joslin v. McLean
Michigan Supreme Court
Error to Saginaw. (Edget, J.) Assumpsit. Defendant brings error. Plaintiff sued defendant for - rent accruing upon a written lease. The defense was an accepted surrender of the' premises.
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Error to Saginaw. (Edget, J.) Assumpsit. Defendant brings error. Plaintiff sued defendant for - rent accruing upon a written lease. The defense was an accepted surrender of the' premises. The court below held that there was no question for the jury, but that the case was governed by Stewart v. Sprague, 71 Mich. 50, and Scott v. Beecher, 91 Id. 590, and directed verdict; for plaintiff, with the following remarks: “ It appears that a lease was 'made in the case at bar on the 24th day of April, 1890, and extending for a period of one year, by the plaintiff with the defendant, whereby the…
1Opinion of the CourtHooker, J.
The only question in this case is whether there was the evidence of a surrender of defendant's leasehold interest sufficient to require the trial court to submit the case to a jury. As' stated by the learned circuit judge, the cases of Stewart v. Sprague, 71 Mich. 50, and Scott v. Beecher, 91 Id. 594, are conclusive of this controversy, which it would be profitless to discuss further.
Judgment affirmed.
The other Justices concurred.
2Cases cited1 opinion
- Stewart v. SpragueMichigan Supreme Court · 1888
3Cited by4 opinions
- In re Mullings Clothing Co.Court of Appeals for the Second Circuit · 1916
- Humiston, Keeling & Co. v. WheelerAppellate Court of Illinois · 1897
- Rich v. DoyennNew York Supreme Court · 1895
- McGinn v. B. H. Gladding Dry Goods Co.Supreme Court of Rhode Island · 1917