Osterhout & Fox Lumber Co. v. Rice
Michigan Supreme Court
Appeal from Lake. (Judkins, J.) Bill to correct a mistake in a land contract, and to enjoin the prosecution of a suit at law. Defendant appeals. The facts are stated in the opinion.
1Opinion of the CourtMontgomery, J.
The bill in this case is filed to correct a mistake in a written contract for the sale of certain land in Lake county, and for an injunction to restrain proceedings at law which have been instituted by the defendant to recover the value of pine timber removed from the land by the complainant after the making of the contract in question.
The bill alleges. that the complainant entered into a parol agreement to sell the land in question for eight dollars an acre, reserving the pine and hemlock timber, and agreed to make a written contract; that, in pursuance of this agreement, the contract was…
2Cases cited2 opinions
- Merwin v. ArbuckleIllinois Supreme Court · 1876
- Brown v. LeachMassachusetts Supreme Judicial Court · 1871
3Cited by4 opinions
- Goldberg v. Cities Service Oil Co.Michigan Supreme Court · 1936
- Schwaderer v. Huron-Clinton Metropolitan AuthorityMichigan Supreme Court · 1951
- Dolsen v. KearneyMichigan Supreme Court · 1921
- Fero v. H. M. Loud & Sons Lumber Co.Michigan Supreme Court · 1894