QUASI-CONTRACTS-LANDLORD AND TENANT-RECOVERY FOR OVERPAYMENT OF RENT IN VIOLATION OF STATUTE

Authors

William P. Sutter, University of Michigan Law SchoolFollow

Abstract

Plaintiff occupied a dwelling house from 1928 to 1945, paying $35 per month rent until September, 1941. In that month, defendant, his landlord, increased the rent to $75, which plaintiff paid until September, 1945. The property was registered with the Office of Price Administration at a maximum rental of $35, and this fact was known to plaintiff. Plaintiff's suit to recover the overpayment of $40 per month was dismissed. On appeal, held, affirmed. No statute specifically authorized restitution, and the illegality of the contract precludes restitution in absence of statute. Jones v. Chennault, (Mich. 1948) 35 N.W. (2d) 256.

Recommended Citation

William P. Sutter, QUASI-CONTRACTS-LANDLORD AND TENANT-RECOVERY FOR OVERPAYMENT OF RENT IN VIOLATION OF STATUTE, 47 Mich. L. Rev. 1234 (1949).
Available at: https://repository.law.umich.edu/mlr/vol47/iss8/26