Schmitz v. Beals
Michigan Supreme Court
Error to Wayne; Donovan, J. Assumpsit by Joseph Schmitz, Jr., as assignee of the administratrix of the estate of Joseph Schmitz, deceased, against Willis E. Beals, impleaded with Charles Cameron, to recover payments made under a land contract. From a judgment for plaintiff on verdict directed by the court, defendant brings error.
1Opinion of the CourtHooker, J.
Beals and Cameron were owners, as tenants in common, of certain outlots in the city of Detroit, and subdivided the same into 5? smaller lots. While these were held in common, Schmitz entered into a written contract for three of them; the plaintiff having produced upon the trial the alleged contract, signed by all of the parties mentioned. This contract is shown to have been in the possession of Schmitz about the time of its date. The consideration mentioned in the instrument was $1,250, and the purchaser agreed to pay as follows, viz.: $950 on delivery of the contract, and $300 at or before…
2Cases cited2 opinions
- Ripley v. SeligmanMichigan Supreme Court · 1891
- Wheeler v. ArnoldMichigan Supreme Court · 1874
3Cited by2 opinions
- Moore v. MachenMichigan Supreme Court · 1900
- Continental Assurance Co. v. FriedmanMichigan Supreme Court · 1939