Chambers v. Livermore
Michigan Supreme Court
Appeal in Chancery from Saginaw Circuit. This was a bill for specific performance. The case was heard in the court below on original and cross bill, answer and proofs. A decree was rendered for complainant in accordance with the prayer of the bill. The facts are stated in the opinion. 1. The Circuit Court properly dismissed the cross bill. a.
Read the full summary
Appeal in Chancery from Saginaw Circuit. This was a bill for specific performance. The case was heard in the court below on original and cross bill, answer and proofs. A decree was rendered for complainant in accordance with the prayer of the bill. The facts are stated in the opinion. 1. The Circuit Court properly dismissed the cross bill. a. It does not allege an agreement to reserve an acre of land described with the requisite certainty, and the defect is not cured by the evidence taken in the case. b. Parol evidence of fraud or mistake can not be received to vary a written contract for the…
1Opinion of the Court
Cooley J.
Complainant filed his bill to compel the specific performance of a contract, bearing date August 12, 1865, by which the defendants agreed to sell to him a small farm of twenty-seven acres and a quarter, more ^ or less, in the city of East Saginaw, for the sum of eleven thousand dollars; one thousand dollars of which was to be paid on or before the first day of November then next, on the payment of which they were to convey the land to him, upon his giving back a mortgage conditioned for the payment of the remaining ten thousand dollars in ten years after date, with interest, with the…
2Cited by22 opinions
- Rust v. ConradMichigan Supreme Court · 1882
- Berry v. WhitneyMichigan Supreme Court · 1879
- Evans v. GerryIllinois Supreme Court · 1898
- Buck v. SmithMichigan Supreme Court · 1874
- Nims v. VaughnMichigan Supreme Court · 1879
17 more not listed; retrieve them via the Exa API.