Keweenaw Ass'n v. Friedrich
Michigan Supreme Court
Appeal from Dickinson; Stone, J. Bill by the Keweenaw Association, Limited, against John Friedrich and others for the specific performance of a land contract. From a decree dismissing the bill, complainant appeals. Complainant was the owner of the S. E. ¼ of S. W. ¼ of section 19, town 40 N., range 30 W., in the county of Dickinson.
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Appeal from Dickinson; Stone, J. Bill by the Keweenaw Association, Limited, against John Friedrich and others for the specific performance of a land contract. From a decree dismissing the bill, complainant appeals. Complainant was the owner of the S. E. ¼ of S. W. ¼ of section 19, town 40 N., range 30 W., in the county of Dickinson. Defendants, desiring to purchase it, in June, 1891, made written application by letter through their agent, John Friedrich, to J. M. Longyear, agent of the complainant, who resided in Marquette. He forwarded the application to the office of the company at Newport,…
1Opinion of the CourtGrant, J.
(after stating the facts). I think the proposition in the letter and defendants’ acceptance constituted a complete and definite contract. We are cited to no authority defining what is meant by the term “surface” or “surface rights” as applied to land. The agreement was to convey “all surface rights except those heretofore conveyed ” by the complainant to the railroad company mentioned in the letter. An owner of land may convey title in fee simple to the surface, or to the ores, minerals, and quarries beneath the surface. Defendant McLaughlin testified, “By ‘surface rights’ we mean the fee…
2Cases cited1 opinion
- Erickson v. Michigan Land & Iron Co.Michigan Supreme Court · 1883
3Cited by4 opinions
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