Legal Opinion
Silver v. Shulman
Michigan Supreme Court
Decided March 30, 1921No. Docket No. 103PublishedCited by 2 opinions
Appeal from Wayne; Mandell (Henry A.), J. Bill by Louis Silver and another against Benjamin Shulman and another for the specific performance of a land contract. From a decree for plaintiffs, defendants appeal.
1Opinion of the CourtSharpe, J.
The plaintiffs seek specific performance of a preliminary contract executed by them and the defendants for the purchase and sale of a certain apartment building in the city of Detroit. The writing is dated April 5, 1919. The claim of the defendants is that, while so dated, it was in fact signed on Sunday, April 6th. The trial court found against the defendants. As was said by Mr. Justice Fellows in the recent case of Leser v. Smith, 212 Mich. 558, 561:
*212“This court hears chancery cases d& novo, aided but not controlled by the findings of fact of the trial judge.”
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2Cases cited4 opinions
- Aspell v. HosbeinMichigan Supreme Court · 1893
- Berston v. GilbertMichigan Supreme Court · 1914
- Leser v. SmithMichigan Supreme Court · 1920
- Acme Electrical Illustrating & Advertising Co. v. Van erbeckMichigan Supreme Court · 1901
3Cited by2 opinions
- Elbom v. PavsnerMichigan Supreme Court · 1923
- Goldberg v. MitchellMichigan Supreme Court · 1948