Stevens v. Beardsley
Stevens v. Beardsley
Opinion of the Court
Plaintiff sued defendant for rent of a store ■ building in the city of Stanton, the claim being for rent from October 8, 1887, to December 31, 1892, five years and three months, at $8 per month, amounting to $604. The defendant claimed as a set-off the payment of $304 in merchandise and- cash, and also the payment of $24 rent to March 19, 1888. He also claims that the contract
It appears that the block, a part of which defendant occupied, was divided into three stores, the defendant occupying the half of the middle one. The plaintiff testified that he did not know what year the corner one was occupied after defendant went in. He was then asked on cross-examination, “Do you know how much he [the occupant of the corner store] paid you per month?” This was objected to by plaintiff’s counsel, the objection overruled, and plaintiff was directed to answer, and* did answer, “Eight dollars per month.” The first assignment of error is based upon this ruling. We think this was error. This evidence could have no bearing whatever on the question of the amount of rent to be paid by defendant for the other store. It is sometimes permissible to show the value of the article in- dispute as bearing upon
The court admitted testimony tending to show that the rent of other business houses in the city of Stanton depreciated during the time of defendant’s occupancy, as relating to the tendency of the prices for rents, whether upward or downward, or whether rents remained stationary. This is assigned as error. We think the court was not in error in this. It has frequently been held that, where the contract price is in dispute, testimony as to value may be shown as bearing upon the probabilities of the truthfulness of the parties. Misner v. Darling, 44 Mich. 440; Wickes Bros. v. Swift Electric Light Co., 70 Mich. 322.
The principal error claimed, however, relates to the ruling of the court in admitting in evidence a certain letter written by plaintiff to the defendant’s attorney, upon the reverse side* of which was written by the plaintiff certain verses, which reflected severely upon the integrity of the defendant. The court permitted these verses, as well as the letter, to be read in evidence. We think the court was in error in receiving the letter and verses in evidence. The letter itself contained no admissions that the defendant was not liable for rent, and in fact it expressly charged that “Ranee [the defendant meaning] won’t pay his rent.” The verses might well tend to prejudice the plaintiff’s case before the jury. It was held in Bennett v. Eddy, 120 Mich. 300, that it was error for the trial court to allow the introduction of testimony as to matters outside the issue, and which would tend to prejudice the jury against one of the parties.
Some other errors are claimed, but those questions are not apt to arise on another trial, and we therefore do not deem it necessary to pass upon them. For the errors pointed out, the judgment must be reversed, and a new trial granted.
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