Marmet Co. v. Cincinnati (City)

Citations

• 22 Ohio C.C. Dec. 555

Syllabus

<p>LANDLORD AND TENANT.</p> <p>1. Advertisement of Land for Lease Immaterial as to Mistake in Description in Lease.</p> <p>A mistake having occurred in the description of land held under lease, it is immáterial that in the advertisement offering the land for lease it was described by both metes and bounds and by occupation, while in the lease as afterward executed it was described by metes and bounds only, since the description by metes and bounds would control that by occupation.</p> <p>2. Lessee may Rescind Lease upon Discovering Mutual Mistake in Lease.</p> <p>A mistake in the description of leased premises may be material notwithstanding the lessee has not used the property for the purpose intended at the time the lease was executed; hence, its appearing that the mistake was mutual and that the lessee acted immediately upon discovering it, he is entitled to a rescission of the lease; but no recovery of rents paid can be had while the lessee was in possession and. enjoyment of the premises previous to the discovery of the mistake.</p>