Crane v. Partland
Michigan Supreme Court
On case made, from Wayne Circuit. The plaintiff declared, for that defendant, on July 2^ 1855, at Detroit, “by a certain agreement or contract, then and there made, between the said plaintiff and defendant, ■among other things agreed, for himself, his heirs, executors ■and administrators, and assigns — for and in consideration of the said plaintiff (among other things) agreeing, at the ■special instance and request of the said defendant, for himself, his heirs, executors and…
Read the full summary
On case made, from Wayne Circuit. The plaintiff declared, for that defendant, on July 2^ 1855, at Detroit, “by a certain agreement or contract, then and there made, between the said plaintiff and defendant, ■among other things agreed, for himself, his heirs, executors ■and administrators, and assigns — for and in consideration of the said plaintiff (among other things) agreeing, at the ■special instance and request of the said defendant, for himself, his heirs, executors and administrators, to sell to the said defendant all that piece or parcel of land, situated in Detroit, Michigan, and…
1Opinion of the Court
Christiancy J.:
Do the facts which appear in the case establish the contract declared upon? I think they do not constitute a contract of any kind between the plaintiff and the defend*497ant, upon which the plaintiff can maintain an action at law. It is clear, I think, from the ease stated, that there was an attempt to make a contract in two parts or duplicates, each of which should be signed and sealed, and of equal validity with the other, that each party might have one in his possession which should constitute the evidence of his rights, and upon which he might enforce the obligations of the…
2Cited by4 opinions
- Utley v. DonaldsonSupreme Court of the United States · 1877
- Cummer v. ButtsMichigan Supreme Court · 1879
- Morrill v. Tehama Consolidated Mill & Mining Co.Nevada Supreme Court · 1875
- Utley v. DonaldsonSupreme Court of the United States · 1877