Legal Opinion

Culver v. Avery

Michigan Supreme Court

Decided May 7, 1910No. Docket No. 15PublishedCited by 15 opinions

Appeal from Wayne; Mandell, J. Bill by Fred H. Culver and another against Waldo A. Avery to set aside a land contract on the ground of fraud, and for an accounting. From a decree dismissing the bill, complainants appeal.

1Opinion of the CourtStone, J.

The bill of complaint was filed in this cause by the vendees to set aside a contract for the purchase of a house and lot, on the ground of fraud and misrepresentation, and to be relieved from the forfeiture clauses of said contract for the same reason, and to establish an equitable lien on the property for the amount paid by complainants, less the rental value of the premises, and for an accounting.

It appears that the defendant, through his agents, James and Edwin B. Nall, advertised in a newspaper of September 4,1904, offering for sale certain houses on Moore place in the city of Detroit. It…

2Cases cited4 opinions

  1. Fred Macey Co. v. MaceyMichigan Supreme Court · 1906
  2. Mack v. Village of FrankfortMichigan Supreme Court · 1900
  3. Hall v. NesterMichigan Supreme Court · 1899
  4. Mestler v. JeffriesMichigan Supreme Court · 1906

3Cited by15 opinions

  1. Stephenson v. GoldenMichigan Supreme Court · 1937
  2. MacKenzie v. Union Guardian Trust Co.Michigan Supreme Court · 1933
  3. Witte v. HobolthMichigan Supreme Court · 1923
  4. Mulheron v. Henry S. Koppin Co.Michigan Supreme Court · 1922
  5. Ollig v. EaglesMichigan Supreme Court · 1956

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