Crane v. O'Reiley
Michigan Supreme Court
Error to Wayne Circuit, into which O’Reily had brought by appeal proceedings commenced against him by Crane, before a Circuit Court Commissioner, under chapter 150 of the Compiled Laws, to recover possession of lands.
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Error to Wayne Circuit, into which O’Reily had brought by appeal proceedings commenced against him by Crane, before a Circuit Court Commissioner, under chapter 150 of the Compiled Laws, to recover possession of lands. The cause was tried in the Circuit Court without a jury, and from the finding of the Circuit Judge, it appears that on April 20, 1855, Crane entered into an agreement with O’Reily, signed by both, to sell to the latter certain premises in Detroit, for $1,350, payable, $50 down, and the balance with interest in nineteen equals quarterly instalments, on the payment of which, with…
1Opinion of the Court
Martin On. J.:
It was held in Dwight v. Cutler, 3 Mich. 572, that When one enters into possession of land under a contract to purchase, his estate is that of a tenant at will. The agreement, therefore, under which he so entered is, in legal effect, a demise, although connected with the contract of sale. See also, White v. Livingston, 10 Cush. 259; Cook v. Stearns, 11 Mass. 533. Such being the rule of law, the clause in the agreement before us that, in case default should be made by the defendant in the performance of any of the conditions by him to be performed, it might be lawful for the…
2Cases cited2 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Dwight v. CutlerMichigan Supreme Court · 1855
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