Loveridge v. Shurtz
Michigan Supreme Court
Appeal from Branch; Yaple, J. Bill by Noah P. Loveridge against Fred Shurtz for the specific performance of a land contract. From a decree for complainant, defendant appeals. Complainant and defendant, on November 11, 1893, entered into a written contract, by which complainant agreed to sell to defendant certain lands.
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Appeal from Branch; Yaple, J. Bill by Noah P. Loveridge against Fred Shurtz for the specific performance of a land contract. From a decree for complainant, defendant appeals. Complainant and defendant, on November 11, 1893, entered into a written contract, by which complainant agreed to sell to defendant certain lands. The consideration was $5,000, to be paid by an assignment of a mortgage for $1,900, then owned by. the defendant, and the execution of a mortgage for $3,100 upon the land to be conveyed. The deed was to be executed November 15, 1893, and the assignment and mortgage to be then…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. It was entirely competent for the parties to extend the time to execute the contract by the execution of the necessary papers, and, if the testimony of complainant be true, this was done. Possession was not to be delivered until March 1, 1894. The only disputed question of fact was whether there was a mutual abandonment of the contract. The case was heard .in open court. The parties were in direct conflict upon this point, and we see no reason to disagree with the conclusion of the circuit judge, who heard and saw the witnesses.
2. It is insisted that the mortgage…
2Cases cited2 opinions
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- Heins v. Thompson & Flieth Lumber Co.Wisconsin Supreme Court · 1917
- Frazer v. HoveyMichigan Supreme Court · 1917
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