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

P sued two persons in Michigan state court for installments of rent due under a written lease. There was no denial under oath of the execution of the lease if the execution was to be disputed. One D contended at trial that he was not liable because the other D1 and not he occupied the premises during the period for which rent was claimed. P got the judgment. P then sued for subsequent installments of rent under the same lease. D1 then denied under oath execution of the lease. P offered the prior judgment as conclusive proof of execution. P prevailed, and D1 appealed.

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