Colgrove v. Solomon
Michigan Supreme Court
Error to Kalamazoo Circuit. to the point that it was not competent to set up in defense to . the action a partly performed parol contract to receive payment in land, cited: Browne Stat. Frauds, § 451; O’Herlihy v. Hedges, 1 Sch. & Lef., 123; Kelley v. Webster, 12 C. B., 283; Freeport v. Bartol, 3 Greenl., 345; Patterson v. Cunningham, 2 Fairf., 512; Norton v. Preston, 15 Me., 16; Newell v. Newell, 13 Vt., 24; Kidder v. Hunt, 1 Pick., 331; Thompson v. Gould, 20 Pick., 338;…
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Error to Kalamazoo Circuit. to the point that it was not competent to set up in defense to . the action a partly performed parol contract to receive payment in land, cited: Browne Stat. Frauds, § 451; O’Herlihy v. Hedges, 1 Sch. & Lef., 123; Kelley v. Webster, 12 C. B., 283; Freeport v. Bartol, 3 Greenl., 345; Patterson v. Cunningham, 2 Fairf., 512; Norton v. Preston, 15 Me., 16; Newell v. Newell, 13 Vt., 24; Kidder v. Hunt, 1 Pick., 331; Thompson v. Gould, 20 Pick., 338; Adams v. Townsend, 1 Met., 485; Eaton v. Whittiker, 18 Conn., 231; Thomas v. Dickinson, 14 Barb., 90; Abbott v. Draper, 4…
1Opinion of the Court
Graves, J:
Mrs. Colgrove brought her action for money had and received, to recover a sum she had paid Mr. Solomon as purchase money on a land trade which had been rescinded, and he was allowed to succeed before the jury under a defense grounded upon a subsequent agreement, and things done in connection with it, to repay her partly in cash and partly in land.
She now asks a review of the proceedings. A reference to the main circumstances is necessary. She agreed to buy of Solomon eighty acres of land for two thousand five hundred dollars, and on March 3, 1873, he deeded to her. She gave back…
2Cases cited2 opinions
- Scott v. BushMichigan Supreme Court · 1873
- Scott v. BushMichigan Supreme Court · 1874
3Cited by12 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- In re Williams' EstateMichigan Supreme Court · 1895
- Dickinson v. WrightMichigan Supreme Court · 1885
- Thorbahn v. Walker's EstateMichigan Supreme Court · 1934
- Hillebrands v. NibbelinkMichigan Supreme Court · 1879
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