92 Mich. 23 | Mich. | 1892
This was a proceeding to recover possession of certain hotel premises, held under a written lease for seven months, “ with the first privilege to keep said building for a longer term, or to give it up, as they see fit, without notice.” The seven months expired April 30.
Respondents were partners. The testimony is undisputed that in February respondent Cota told plaintiff that they did “ not intend to keep the premises after April 30; that thereupon plaintiff advertised the hotel to rent; that both respondents knew of the advertisement; that again, in March, Cota repeated this determination, and thereupon plaintiff said, “Then I will fill the ice-house upon the premises;” that, upon the next day after this talk with Cota, plaintiff commenced to fill the ice-house upon the premises with ice, and filled it at an expense of $25; that both of the defendants knew of the fact that plaintiff was engaged in filling the ice-house, and had filled it; that on April 4 plaintiff again saw Cota, and Cota again said that he did not want the premises
It is. unnecessary to consider the effect of the language in the lease constituting the option, as, in any event, under the undisputed testimony, defendants must be deemed to have made their election prior to the giving of the notice of April 30, and cannot be allowed to bind plaintiff by a change of mind, especially after plaintiff has made expenditures and incurred expense relying upon the election.
There is nothing for the jury, and the trial court was right in directing a verdict for plaintiff.
The judgment is affirmed.