Sherman v. Carlin

Harlan E. Sherman appeals from the entry of summary judgment in favor of Clarence C. Carlin, Executor of the Estate of James J. Holland.

Sherman, owner of the Embassy House apartment building in Shaker Heights, leased a suite to Holland for a one-year term commencing August 1, 1984. Holland, who had lived in the building for about twenty years, died on August 6, 1984 at age seventy-seven. Holland’s estate continued to pay Sherman the $700 monthly rental from September 1984 through January 1985, allegedly with the understanding that Sherman would attempt to relet the apartment. The estate…