Crane v. Dwyer
Michigan Supreme Court
Appeal in Chancery from Wayne Circuit. On the 17th day of September, 1858, Charles Dwyer, the husband of the defendant Harriet Dwyer, entered into an agreement with Albert Craue, the complainant, for the purchase of a certain lot in the city of Detroit, Dwyer was to pay for the lot |500 in small installments, running through a period of several years, and upon the full payment of the purchase money, Crane agreed to make him a warranty deed of the lot.
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Appeal in Chancery from Wayne Circuit. On the 17th day of September, 1858, Charles Dwyer, the husband of the defendant Harriet Dwyer, entered into an agreement with Albert Craue, the complainant, for the purchase of a certain lot in the city of Detroit, Dwyer was to pay for the lot |500 in small installments, running through a period of several years, and upon the full payment of the purchase money, Crane agreed to make him a warranty deed of the lot. The agreement provided that “ in case of default by the party of the second part, his heirs, cutors, administrators or assigns, in any of the…
1Opinion of the Court
Manning J.:
Equity will not lend itself to enforce a penalty or forfeiture, as it would do in giving the relief asked. The case made by the bill, is a forfeiture by one of defendants of all her rights in a contract made with complainant for the purchase of a lot of ground in the city of Detroit, and assigned to her. The house in question was built by the purchaser after he took possession of the lot; and complainant having put an end to the contract, for the non-payment of a part of the purchase money at the time stipulated, as by the terms of it he had a right to do, claims the house under…
2Cited by13 opinions
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- Hodges v. BuellMichigan Supreme Court · 1903
- Hull v. HostettlerMichigan Supreme Court · 1923
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