Kroll v. Diamond Match Co.
Michigan Supreme Court
Error to Houghton; Hubbell, J. Assumpsit by William Kroll against the Diamond Match Company for the breach of an agreement for the purchase of land. From a judgment sustaining a demurrer to the declaration, plaintiff brings error.
1Opinion of the CourtGrant, J.
The declaration in this case sets forth that the defendant offered and proposed in writing to pay plaintiff $2,000 upon receipt of a quitclaim deed of certain lands; that he then and there accepted said proposal, and afterwards, on a date mentioned, while said proposal was unrevoked and in full force, he tendered to defendant a proper and sufficient quitclaim deed, but that it refused to pay. The defendant interposed a general 'demurrer.
The only question before us is, was it necessary to allege an acceptance in writing? That question is settled in this State against the defendant. Dayton v.…
2Cases cited3 opinions
- Thompson v. MarleyMichigan Supreme Court · 1894
- Harris Photographic Supply Co. v. FisherMichigan Supreme Court · 1890
- Dayton v. WilliamsMichigan Supreme Court · 1845
3Cited by1 opinion
- Sprague v. HosieMichigan Supreme Court · 1908