Martin v. Arndt

356 Mich. 128 (1959)

95 N.W.2d 858

MARTIN

v.

ARNDT.

Docket No. 17, Calendar No. 46,242.

Supreme Court of Michigan.

Decided April 14, 1959.

Martin & Martin (Walter Martin, of counsel), for plaintiffs.

Irving M. Hart, for defendants.

KELLY, J. (dissenting).

Plaintiffs filed their bill of complaint in the Saginaw circuit court alleging:(1) Plaintiffs and defendants are owners of adjacent lots situated in the city of Saginaw;(2) Defendants asked and received from plaintiffs an oral right or license to use a part of plaintiffs' property for driveway purposes;(3) When defendants commenced to make permanent…