United Coin Meter Co. v. Lasala
United Coin Meter Co. v. Lasala
Opinion of the Court
On April 10, 1977, plaintiff entered into a three year lease with defendants’ predecessor in title to the Villa Manor Apartments. Plaintiff agreed to install and maintain 15 washers and dryers, paying as rent 55 percent of the monthly revenues earned therefrom.
After defendants purchased the apartment complex, they negotiated for the purchase of the laundry equipment. Plaintiff contends that the negotia
Plaintiff claims that because of the unlawful interference with the leasehold interest, it is entitled to treble damages and injunctive relief pursuant to MCL 600.2918; MSA 27A.2918. Defendants allege that plaintiff breached the lease by failing to properly maintain and service the equipment and by failing to pay 55 percent of the revenues.
The lower court held that this was not a landlord-tenant matter. A decision was rendered without either party resting and without any opportunity for closing argument. This Court is unable to understand the lower court’s determination of damages as the written order was at variance with the oral pronouncement of judgment as to the amount due defendant on the counterclaim.
We hold that the lower court was proper in its refusal to grant injunctive relief as an adequate remedy at law was available. We further find that treble damages are not justified as the statute was intended to apply to the use or threat of personal violence or force. Shaw v Hoffman, 25 Mich 162, 167-169 (1872).
We do hold, however, that this is a landlord-tenant matter and that defendant was bound by the lease. The trial court erred by permitting defendant to raise as a defense in an action for possession that the plaintiff breached the lease
We also hold that it was reversible error to refuse to allow counsel closing argument. The trial court has considerable power in matters of trial conduct and may limit the arguments of counsel. People v Green, 34 Mich App 149; 190 NW2d 686 (1971). GCR 1963, 507.7 permits the court to fix the time allowed each party for closing argument. However, to completely deny closing argument to a party who requests it is an abuse of discretion.
As the lease term has expired, we hold that plaintiff is not entitled to possession of the premises. Nevertheless, it is entitled to actual proven damages. We remand this case to the lower court for a determination of those damages. We retain no further jurisdiction.
Dissenting Opinion
(dissenting). I respectfully dissent.
Initially, I must disagree with the facts as stated in the majority opinion. I find more than "some conflicting testimony” that the machines in question malfunctioned recurrently. Likewise, defendants’ testimony indicated that the reason the negotiations for the purchase of the laundry equipment were not consummated was not because of defendants’ refusal to purchase plaintiffs leasehold interest but because of plaintiffs rejection of defendants’ offer.
So too, the majority opinion states that "malfunctioning of the machines was not a relevant feature of the lease”. I disagree. Two documents drafted by plaintiff, the first entitled "Lease Agreement for Installation of Coin Operated Automatic Laundry Equipment”, and the second labeled "Memorandum of Lease”, contained the entire contract of the parties. The former instrument contained a clause which read as follows:
"2. SERVICE, REPAIRS AND MAINTENANCE
"UNITED shall service the equipment and keep same in repair at its expense and shall have the right to remove any of the equipment for repairs when necessary.”
I find that this provision is persuasive evidence that malfunctioning of the laundry equipment was a major consideration of the parties.
However, the majority opinion is correct in concluding that, if this provision was breached, defendants’ remedies did not include right of reentry and forfeiture of the lease, for no express right therefor was reserved in the written agreement. But this necessarily assumes that the lease dealt with real property and that the parties were in a landlord-tenant relationship. I am unable to accept
Reference
- Full Case Name
- United Coin Meter Co of Michigan v. Lasala
- Cited By
- 4 cases
- Status
- Published