Andre v. Graebner

• Decision Date: 26 March 1901
• Citation: 85 N.W. 464,126 Mich. 116
• Court: Michigan Supreme Court
• Parties: ANDRE v. GRAEBNER.

85 N.W. 464

126 Mich. 116

ANDRE v. GRAEBNER.

Supreme Court of Michigan

March 26, 1901

Error to circuit court, Saginaw county; Byron A. Snow, Judge.

Action by Peter C. Andre against Christopher Graebner. From a judgment for defendant, plaintiff brings error. Affirmed.

Trask &amp Smith, for appellant.

Crane &amp Crane, for appellee.

MONTGOMERY C.J.

February 19, 1895, plaintiff rented to defendant and his then partner the store in controversy for three years from April 1, 1895. The defendant and his partner went into possession, paying rent at the agreed price of $60 per month in advance, until some time in the summer of 1896, when the partner sold out, and defendant continued to occupy the store. February 15, 1898, the defendant being desirous of occupying the store another year, the following indorsement was made on the old lease: '$700.00 for said one year and to be occupied for a first-class boot and shoe store by Christopher Graebner. Rent monthly in advance. Saginaw, Feb 15th, 1898. P. C. Andre. Chris. Graebner.' On the 1st day of May, 1896, the defendant was behind in his rent on the old lease and the renewal $180.02. Defendant paid, during the time he was in the store under the new extension, $311.25. On the night of November 30, 1898, defendant moved out without any notice whatever to plaintiff. Plaintiff wrote defendant December 7th that he should look to him for the rent of the store until April 1st. The plaintiff succeeded in renting the store March 1st, so no claim is made for that month. According to plaintiff's claim, defendant owes him $451.07, and the interest since March 1, 1899. Plaintiff was then renting the store next door to one Altman for $600 per year. The size and location of the stores were the same. Mr. Andre repeatedly told defendant he was treating his tenants alike. Defendant believed he was paying no more than Altman. There is no reason explaining why defendant paid more rent than his next-door neighbor, except the statements made to him by Mr. Andre. About August 24, 1898, Mr. Graebner learned the situation. He went to the office of Mr. Andre, and they talked about the matter. Defendant said to plaintiff: 'You are not treating me right. I have actually paid you $83.31 more rent than Mr. Altman has paid you for the same time.' Defendant says that the only sum talked over on August 24th was the $83.31 that he had paid him more than Altman paid for the same time. That was the first time he knew that Mr. Andre was not giving him the store for the same price Altman was paying. Defendant testified that Mr. Andre agreed to rent him the store from August 20th at $50 per month so long as he occupied it, and call the past settled. The parties made the new bargain to take the place of the old one. Defendant was then financially embarrassed, and plaintiff knew it. Defendant gave a check showing on its face that it was in payment for rent up to September 1st, and later gave similar checks for October and November. The defendant's version of the facts was accepted by the...