This section contains the nature of the case and procedural background.

Mason (P) rented a building to Wierengo (D). The lease expired on October 1st. D rented other premises and notified P that he was moving. The move began, but D was taken sick on September 26th. The move was not finished until October 11th. D died on October 6th. P sued the estate for another years rent. D asserted that under these circumstances the presumption of renting for another year was rebutted by an act of God. D got the verdict and appealed; got part of the amount claimed on appeal and appealed again.

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