Barrett v. Miller
Michigan Supreme Court
Appeal from Kent; Ferkins, J. Bill by Ervin E. Barrett against Ward B. Miller and others to establish an interest in certain land. From a decree for complainant, defendants appeal. Complainant, a timber cruiser of experience, learned that his son-in-law, one E. J. Hart, of Grand Rapids* Mich., had been employed in the capacity of a broker to dispose of 9,658.10 acres of land, situated in Gogebic county, Mich., at the price of $5.75 per acre, for a commission of 9J¿ per cent.
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Appeal from Kent; Ferkins, J. Bill by Ervin E. Barrett against Ward B. Miller and others to establish an interest in certain land. From a decree for complainant, defendants appeal. Complainant, a timber cruiser of experience, learned that his son-in-law, one E. J. Hart, of Grand Rapids* Mich., had been employed in the capacity of a broker to dispose of 9,658.10 acres of land, situated in Gogebic county, Mich., at the price of $5.75 per acre, for a commission of 9J¿ per cent. The land was valuable chiefly for the„ growing timber, and, the owners’ estimates of the quantity of the timber being…
1Opinion of the CourtOstrander, J.
(after stating the facts). The legal theory of complainant is thus stated in the brief:
“The defendants, having deliberately entered into the ■contract with full knowledge of all the facts now relied upon by them, are not in position to repudiate their arrangement with complainant as one brought about by his fraud and misrepresentation. They may not appropriate the benefits of a contract so far as it is to their advantage and repudiate it as to the rest. They must repudiate the contract entirely or not at all, and if they enter into the contract and claim its benefits they are in the same…
2Cited by5 opinions
- Stephenson v. GoldenMichigan Supreme Court · 1937
- Minnesota Loan & Trust Co. v. Peteler Car Co.Supreme Court of Minnesota · 1916
- McLennan v. ColeMichigan Supreme Court · 1923
- Brown v. HurtMichigan Supreme Court · 1917
- Ranney v. HenryMichigan Supreme Court · 1910