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Property Law and Real Estate

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Journal

1948

Intent

Articles 1 - 2 of 2

Full-Text Articles in Law

Landlord And Tenant-Lease Covenant Against Unlawful Business, Bruce L. Moore S.Ed. Apr 1948

Landlord And Tenant-Lease Covenant Against Unlawful Business, Bruce L. Moore S.Ed.

Michigan Law Review

In an action to dispossess defendants of certain leased property, plaintiff alleged that defendants breached an express covenant in the lease by which defendants covenanted that they would use the premises for a store, and would not use the premises "for any unlawful business or purpose whatever." Defendants used the premises for a general mercantile store, operating under the trade name "Stop 'N Shop." In so doing, defendants failed to comply with a statute which provided that "It shall be unlawful for any person to engage in a business . . . under any name which does not plainly show …


Rights In Land-Legal Status Of The Spite Fence, Leroy Redfern Mar 1948

Rights In Land-Legal Status Of The Spite Fence, Leroy Redfern

Michigan Law Review

Defendants erected a brick wall upon their lot in a manner that cut off light and air to the first floor window of the adjoining premises belonging ,to plaintiffs. Plaintiffs brought a bill in equity to compel removal of the wall. Upon finding that the wall was built merely to annoy plaintiffs, and that it was of no beneficial use to defendants, the chancellor ordered it removed. On appeal, held, reversed. Defendants being lawfully entitled to erect the wall upon their land, the court will not inquire into their motive for so doing. Cohen v. Perrino, (Pa. 1947) …