Hall v. Loomis
Michigan Supreme Court
Appeal from Jackson. (Gridley, J.) Bill to enforce tbe specific performance of a laud contract. Complainant appeals. The facts are stated in the opinion. The contract was clear and certain, deliberately made, and, no fraud being shown, the decree asked for should be granted us a matter of course: Rogers v. Odell, 36 Mich. 411; Murphy v. Stever, 47 Id. 522. Failure to include in the contract the agreement to pay the “boot” money is immaterial.
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Appeal from Jackson. (Gridley, J.) Bill to enforce tbe specific performance of a laud contract. Complainant appeals. The facts are stated in the opinion. The contract was clear and certain, deliberately made, and, no fraud being shown, the decree asked for should be granted us a matter of course: Rogers v. Odell, 36 Mich. 411; Murphy v. Stever, 47 Id. 522. Failure to include in the contract the agreement to pay the “boot” money is immaterial. Both parties had a right to have it reformed in this respect, and complainant fulfilled by offering the $500: Anderson v. Kennedy, 51 Mich. 467. A…
1Opinion of the CourtCampbell, C. J.
Complainant filed a bill to obtain specific performance of a land contract. Defendant opposes it both on formal and substantial grounds.
Among other objections, irrespective of hardship and the' unconscionable nature of the bargain, are that the contract was not all in writing, and that it was made by complainant, for the transfer of his homestead, without his wife’s signature. There is also testimony indicating that Hall’s property was greatly inferior in value to defendant’s, and that he made some representations which were not warranted by the facts. The contract was in these words :
“Jackson…
2Cases cited2 opinions
- Wardell v. WilliamsMichigan Supreme Court · 1886
- Phillips v. StauchMichigan Supreme Court · 1870
3Cited by20 opinions
- Teske v. DittbernerNebraska Supreme Court · 1903
- Rogers v. DayMichigan Supreme Court · 1898
- Cooper v. CooperMichigan Supreme Court · 1910
- Phelan v. NearySouth Dakota Supreme Court · 1908
- Jerdee v. FurbushWisconsin Supreme Court · 1902
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