Legal Opinion

Newberry v. Slafter

Michigan Supreme Court

Decided January 26, 1894PublishedCited by 7 opinions

Appeal from Benzie. (Aldrich, J.) Bill to compel the specific performance of a land contract. Defendant appeals. Decree affirmed. The facts are stated in the opinion.

1Opinion of the CourtMcGrath, C. J.

This is a bill filed to enforce specific performance of a contract for the sale of land. Complainants reside at Ooldwater, and defendant at Vassar, and the negotiations were by letter. The terms of payment were, as agreed upon, one-half cash, and the balance to be secured by mortgage, payable in two years, with interest at 6 per cent. The bill prays, not alone that defendant may be •compelled to make the cash payment, but that he also may be required to execute the mortgage. There is no force, therefore, in the contention that the sole purpose of the bill is the recovery of the consideration.

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2Cases cited4 opinions

  1. Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
  2. Blakely v. BenneckeSupreme Court of Missouri · 1875
  3. Mann v. RichardsonIllinois Supreme Court · 1873
  4. Cruse v. JonesTennessee Supreme Court · 1879

3Cited by7 opinions

  1. Brusslan v. LarsenMichigan Court of Appeals · 1967
  2. Stevens v. GrafMichigan Supreme Court · 1959
  3. Storm v. EldridgeMichigan Supreme Court · 1953
  4. Kaminskas v. LitnianskiMichigan Court of Appeals · 1973
  5. Hoesch Handel Ag, Formerly Known as Hoesch Handel Gmbh v. Charles GoldfarbCourt of Appeals for the Sixth Circuit · 1976

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