Morten v. Zevalkink

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] In this opinion the defendant referred to is Barend Zevalkink.

I am of opinion the bill should be dismissed without prejudice to the right of plaintiff to bring an action at law to recover damages, if any, for breach of contract.

The bill and the proofs presented issues triable only at law and not in equity and the trial court could not award damages for breach of contract as in an action at law. See Reith v.University Housing Corp., 247 Mich. 104. There may be…