Legal Opinion

Mikesell v. Wade

Michigan Supreme Court

Decided March 30, 1921No. Docket No. 63Published

Error to Grand Traverse; Mayne (Frederick W.), J. Summary proceedings by Lun F. Mikesell against John A. Wade for the possession of leased premises. There was judgment of restitution before the commissioner, and defendant appealed to the circuit court. Judgment for plaintiff. Defendant brings error.

1Opinion of the CourtBird, J.

Plaintiff leased to defendant “the front rooms on the second floor in the brick block situated at 219 Bast Front street, Traverse City, for the term of two years from and after the 25th day of June, 1917,” etc. In the next paragraph of the lease, wherein defendant agrees to lease the premises, it reads: “And the said party of the second part does hereby lease the said premises for the term of one year,” etc. Defendant went into possession under this lease and occupied the premises for two years, when plaintiff served a' notice on him to quit. He did not vacate the premises, and plaintiff…

2Cases cited2 opinions

  1. Faraci v. FassuloMichigan Supreme Court · 1920
  2. Smith v. SmithMichigan Supreme Court · 1906

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