Mulvihill v. Westgate

This in a way is an aftermath of the decree of divorce between Bertha L. Westgate and Elmore L. Westgate, affirmed by this court in Westgate v. Westgate, 291 Mich. 18. The bill herein was filed to obtain specific performance of a land contract for certain premises, executed June 11, 1937, to plaintiffs by the Westgates, then husband and wife.

In November, 1938, the Westgates were divorced and the decree affirmed by this court November 9, 1939. Plaintiffs herein paid into court $1,400 of the $1,700 due on the land contract and the issue turned upon whether Mrs. Westgate, if she executed the…