Holy Cross Baptist Church v. D. V. Construction Co.

This is an appeal from an order of the circuit judge dismissing plaintiff’s bill for specific performance of a land contract. On December 30, 1960, the parties entered into a contract for the sale and purchase of certain property in Detroit for $169,000. By agreement, defendant was permitted to mortgage the land to secure the balance due on the contract. At the same time, the parties executed a rider providing for additional quarterly payments within 1 year, and that, if the plaintiff paid $130,000 on the principal within 2 years, it would be entitled to a warranty deed.

Plaintiff claims…