Hubbell v. Ohler
Michigan Supreme Court
Appeal from Kent; McDonald (John S.), J. Bill by Jeremiah C. JEIubbell against Louis P. Ohler and others for the specific performance of a land contract, and to. relieve from an attempted forfeiture. From a decree for defendants, plaintiff .appeals.
1Opinion of the CourtClark, J.
The land contract, the subject-matter of this suit, the vendee being in default, has been *665forfeited pursuant to its terms. The court is asked by the vendee, plaintiff, to enforce the contract specifically, and to relieve him of the forfeiture. Eelief was denied by the trial court. Plaintiff has appealed. Equity will sometimes relieve against forfeiture. But the right, to declare a forfeiture is provided by the contract. It is an important and valuable right. To set aside the provision of the contract as to forfeiture, equity must say, by an arbitrary rule of construction, that the parties did…
2Cases cited3 opinions
- Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901
- Lozon v. McKayMichigan Supreme Court · 1918
- Stickney v. ParmenterMichigan Supreme Court · 1876
3Cited by10 opinions
- Rothenberg v. FollmanMichigan Court of Appeals · 1969
- Security Investment Co. v. MeisterMichigan Supreme Court · 1921
- Letinsky v. SmithMichigan Supreme Court · 1922
- Bilandzija v. ShiltsMichigan Supreme Court · 1952
- Emmons v. EasterMichigan Court of Appeals · 1975
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