Martin v. Hamlin
Michigan Supreme Court
Appeal in Chancery, from Oakland Circuit. The bill in this case was filed to compel' the defendant to indorse certain moneys upon a note and mortgage given for the payment of the purchase money of premises purchased of defendant, by reason of an. alleged deficiency in the number of acres supposed to have been bought.
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Appeal in Chancery, from Oakland Circuit. The bill in this case was filed to compel' the defendant to indorse certain moneys upon a note and mortgage given for the payment of the purchase money of premises purchased of defendant, by reason of an. alleged deficiency in the number of acres supposed to have been bought. It appeared that complainant bought of defendant a farm described in the deed to complainant as the “West part of the northwest quarter of section thirty-two, in township three, north of range eleven east, except ten acres off the west side. And also the south half of the west…
1Opinion of the Court
Christiancy J.
The agreement set up in the bill in reference to a guarantee of the quantity of land, a survey of the'premises, and-an endorsement to be made on the mortgage for any deficiency, was, if any such existed, wholly verbal. Whether such verbal agreement was ever made, is a question upon which the evidence is conflicting, and much of it directly contradictory, leaving the question open to considerable doubt. But, without going at all into the question of the weight of the evidence, we propose to consider the case in the most favorable aspect to the complainant, which the testimony on…
2Cases cited17 opinions
- King v. BaldwinNew York Court of Chancery · 1817
- Stevens v. CooperNew York Court of Chancery · 1815
- Arthur v. ArthurNew York Supreme Court · 1850
- Howes v. BarkerNew York Supreme Court · 1808
- Marvin v. BennettNew York Supreme Court · 1841
12 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Renard v. ClinkMichigan Supreme Court · 1892
- Kulenkamp v. GroffMichigan Supreme Court · 1888
- Phelps v. AbbottMichigan Supreme Court · 1897
- Allen v. BrysonSupreme Court of Iowa · 1885
- Wilson v. PeopleMichigan Supreme Court · 1872
26 more not listed; retrieve them via the Exa API.