Burton v. Ladd
Michigan Supreme Court
Error to Wayne; Mandell (Henry A.), J. Summary proceedings by Charles W. Burton and another against Edward R. Ladd for the possession of leased premises. There was judgment of ouster before the commissioner, and defendant appealed to the circuit court. Judgment for plaintiffs on a directed verdict. Defendant brings error.
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Error to Wayne; Mandell (Henry A.), J. Summary proceedings by Charles W. Burton and another against Edward R. Ladd for the possession of leased premises. There was judgment of ouster before the commissioner, and defendant appealed to the circuit court. Judgment for plaintiffs on a directed verdict. Defendant brings error. Plaintiffs are the owners of a garage located in the rear of 173 West Canfield avenue, Detroit, which they leased to one Hennessy in 1916 for a period of two years terminating August 1, 1918. This lease was assigned to defendant and at its expiration was renewed for one…
1Opinion of the CourtFellows, J.
(after stating the facts). Defendant moved for a directed verdict based on his claim that he was a tenant at will and entitled to three months’ notice to quit under section 11812, 3 Comp. Laws 1915. In the early case of Benfey v. Congdon, 40 Mich. 283, it was said:
“* * * but we do not think a tenant who wrongfully holds over for a short time becomes immediately entitled to such notice, or that any short delay in commencing proceedings against him can confer the right. The statute evidently intends a case of a holding where the occupant has some equities which would render it unjust that he be…
2Cases cited5 opinions
- Oakland Motor Co. v. American Fidelity Co.Michigan Supreme Court · 1916
- St. Mary's Power Co. v. Chandler-Dunbar Water-Power Co.Michigan Supreme Court · 1903
- Benfey v. CongdonMichigan Supreme Court · 1879
- Bowen v. McCarthyMichigan Supreme Court · 1891
- Wolverine Farms Co. v. De YoungMichigan Supreme Court · 1914
3Cited by7 opinions
- Pakideh v. Franklin Commercial Mortgage Group, Inc.Michigan Court of Appeals · 1995
- Lumbermen's Mutual Casualty Co. v. BissellMichigan Supreme Court · 1922
- Dulany-Vernay Co. v. Kalamazoo Stationery Co.Michigan Supreme Court · 1921
- C. E. Tackels, Inc. v. FantinMichigan Supreme Court · 1954
- Superior Steel Spring Co. v. New Era Spring & Specialty Co.Michigan Supreme Court · 1921
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