Pendill v. Neuberger

This action is assumpsit for rent claimed to be d.ue upon a lease.

The plaintiffs are the heirs at law of James P. Pendill, «deceased.

*563On February 1, 1885, defendant occupied a store and carried on business as a clothier in the National Bank building in the city of Mai quette, Michigan. On the night of the day last named the bank building was destroyed by fire, and defendant was obliged to remove his stock of goods. On the next day he moved into the store of James Pi Pendill, without, at the time, making any agreement as to occupancy or rent.

The main controversy in the case is whether the…