112 Mich. 327 | Mich. | 1897
Plaintiff sued defendant in justice’s court, declaring in an action of assumpsit on all the common counts, and especially on a lease, claiming damages $300. Defendant pleaded the general issue. Judgment was rendered in favor of the plaintiff. An appeal was taken to the circuit court, where, by direction of the circuit judge, the jury rendered a verdict in favor of the plaintiff. Defendant appeals.
The record shows that in 1891 the plaintiff leased a store, which lease would expire April 30, 1893, unless renewed. It contained a provision for renewal. This lease was assigned to the defendant by consent of plaintiff, and he took possession. The rent provided by the lease was $150 a month, payable in advance. It is the claim of plaintiff that defendant renewed the lease for three years.
Judgment is reversed, and a new trial ordered.