McIntyre v. Murphy
Michigan Supreme Court
Error to Berrien; Coolidge, J. Trespass quare clausum fregit by Sarah E. McIntyre against Mary L. Murphy. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.
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Error to Berrien; Coolidge, J. Trespass quare clausum fregit by Sarah E. McIntyre against Mary L. Murphy. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error. March 4, 1907, plaintiff and defendant entered into a written contract whereby the defendant sold to the plaintiff certain land in the township of Chikaming in Berrien county for the sum of $7,000. Plaintiff paid part of this consideration and was given possession of the land. A payment became due in August, 1907. This payment was not made by plaintiff. Defendant demanded possession. Plaintiff…
1Opinion of the CourtCarpenter, J.
(after stating the facts). First. It is contended that the trial court erred in permitting plaintiff to amend her declaration in the manner above indicated. This complaint must be overruled. It is conceded that the case made in plaintiff’s declaration was not within the section 11206, 3 Comp. Laws, and defendant was not prejudiced by the amendment which was clearly authorized by section 10268, 3 Comp. Laws.
Second. Did the trial court err in directing a verdict in plaintiff’s favor? It is contended that he did. In another controversy between these same parties we said defendant was entitled to…
2Cases cited4 opinions
- Detroit Daily Post Co. v. McArthurMichigan Supreme Court · 1868
- Reed v. City of DetroitMichigan Supreme Court · 1896
- Murphy v. McIntyreMichigan Supreme Court · 1908
- Ely v. YoreCalifornia Supreme Court · 1886
3Cited by8 opinions
- Daluiso v. BooneCalifornia Supreme Court · 1969
- Ludwigsen v. LarsenMichigan Supreme Court · 1924
- McPheeters v. BirkholzMichigan Supreme Court · 1925
- Pelavin v. MisnerMichigan Supreme Court · 1928
- Gallant v. MilesMichigan Supreme Court · 1918
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