Emigh v. Whiteley
Emigh v. Whiteley
Opinion of the Court
Complainant filed his bill of complaint in this cause, asking to correct certain mistakes made in the descriptions of certain property mentioned and described in a certain written lease made and entered into between the parties, September 16, 1901, and for an ac
At the time of making the lease in dispute complainant was occupying the premises first above described, under a lease for one year, for a billiard parlor. Under this lease complainant’s term would expire July 1, 1902. Philo Daniels had charge of the matter of renting the store building and premises No. 223. These premises had been occupied as a furniture store by Longyear Bros, under a lease that would expire in June, 1902. They vacated in August, 1901, and by agreement with Daniels one Marsh was given possession of the unexpired term. Marsh then put in a billiard parlor. Complainant claims that this competition was of great damage to his business, and that he complained to defendants and threatened to move out; that negotiations were had between these parties, and finally it was agreed between them that, in consideration defendants would give him a lease for a term of three years from and after July 1, 1902, the date of the expiration of his old lease, and would not lease No. 223 for a billiard hall, he would pay $10 per month more rent, making $50 a month, make all necessary repairs upon the building, papering and painting included, upstairs as well as downstairs, and pay the expense of painting the outside of the building ; also that he would erect a brick or iron building
It being admitted that the mistake in the descriptions should be corrected, it only remains for this court to determine the question of fact as to the clause above quoted. As there is no question of law involved, an extended discussion of the testimony can be of no interest to the profession. We find from the proofs in the case that the lease was entered into by all the parties with full knowledge of all its terms and conditions, and that no fraud or misrepresentation was in any way practiced upon defendants, or either of them, to induce them to make such a contract, or any part of it; that the clause in question was inserted by and with the full consent and knowledge of all parties. We also find, as is admitted in the record, that there was a mutual mistake in the descriptions of the properties in
The decree of the circuit court is affirmed, with costs.
Reference
- Full Case Name
- EMIGH v. WHITELEY
- Status
- Published