Shaw v. Tabor
Michigan Supreme Court
Appeal from* Jackson; Parkinson, J. Bill by Jerome T. Shaw against Eri Tabor and Ellen D. Tabor to enforce a vendor’s lien. Prom a decree dismissing the bill on demurrer, complainant appeals. The case made by the bill of complaint in substance and effect is: Complainant bargained with defendants to sell them a certain lot and to erect upon the lot a dwelling house; the agreed consideration for lot and house being $1,525. The agreement rested in parol.
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Appeal from* Jackson; Parkinson, J. Bill by Jerome T. Shaw against Eri Tabor and Ellen D. Tabor to enforce a vendor’s lien. Prom a decree dismissing the bill on demurrer, complainant appeals. The case made by the bill of complaint in substance and effect is: Complainant bargained with defendants to sell them a certain lot and to erect upon the lot a dwelling house; the agreed consideration for lot and house being $1,525. The agreement rested in parol. Complainant performed the contract on his part, and defendants, on their part, accepted a deed of the premises, entered into possession, and…
1Opinion of the CourtOstrander, J.
(after stating the facts). The learned circuit judge was of opinion that because the bill does not point out what portion, if any, of the general balance claimed to be due, arose upon the sale and conveyance of the land, and that portion of the debt which grew out of the construction of the house is no part of the purchase price of the land, the case is controlled by the principle stated in 2 Jones on Liens, §§ 1066, 1072, and applied in Hiscock v. Norton, 42 Mich. 325, and Warner v. Bliven, 127 Mich. 665. See, also, Clark v. Stilson, 36 Mich. 482; Dunton v. Outhouse, 64 Mich. 419; Waterfield…
2Cases cited7 opinions
- Hiscock v. NortonMichigan Supreme Court · 1879
- Dunton v. OuthouseMichigan Supreme Court · 1887
- Clark v. StilsonMichigan Supreme Court · 1877
- Palmer v. SterlingMichigan Supreme Court · 1879
- Moore v. CheesemanMichigan Supreme Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lavin v. LynchMichigan Supreme Court · 1918
- Paternoster v. Van MeaghenMichigan Supreme Court · 1941
- Windisch v. John Chapman Co.Ohio Superior Court, Cincinnati · 1913