Turner v. Gorton

Michigan Supreme Court
Turner v. Gorton, 247 Mich. 47 (Mich. 1929)
Clark, Fead, McDonald, North, Potter, Sharpe, Wiest

Turner v. Gorton

Opinion of the Court

Sharpe, J.

A lease of certain premises in the village of Cassopolis by plaintiffs to defendant contained the following provisions:

“The said tenant shall have the right and privilege to lease the said property on the terms provided herein for a further period of four years ,at the expiration hereof, subject to the conditions herein stated. * * *
“This lease and renewals thereof is made subject to the right of the landlords to sell such building after one year from the date hereof. ’ ’

*48During the third year the plaintiffs sold the premises and sought to terminate the lease. The trial court entered a judgment for restitution. Defendant seeks review by writ of error.

Defendant’s right to possession and occupation of the premises was conditional on plaintiffs’ making-sale thereof, and terminated when such sale was made. Wallace v. Bahlhorn, 68 Mich. 87; Harwood v. Williams, 161 Mich. 368.

The judgment is affirmed.

North, C. J., and Fead, Fellows, Wiest, Clark, McDonald, and Potter, JJ., concurred.

Reference

Full Case Name
TURNER v. GORTON
Status
Published