Lafrance v. Griffin
Michigan Supreme Court
Appeal from Bay; Collins, J. Bill by Peter Lafrance against Albert A. Griffin and Gertrude L. Griffin for the specific performance of a land contract, and to enjoin an action of ejectment. From the decree rendered, defendants appeal. The defendants were vendors and the complainant was the vendee in an executory contract for the sale and purchase of certain lands.
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Appeal from Bay; Collins, J. Bill by Peter Lafrance against Albert A. Griffin and Gertrude L. Griffin for the specific performance of a land contract, and to enjoin an action of ejectment. From the decree rendered, defendants appeal. The defendants were vendors and the complainant was the vendee in an executory contract for the sale and purchase of certain lands. Claiming that the vendee was in default, the vendors served upon him a notice of forfeiture, and thereafter began an action of ejectment to recover the possession of the land, into which the vendee had entered. The vendee thereupon…
1Opinion of the CourtOstrander, J.
(after stating the facts). If the court below should have considered only the bill and answer, this court may proceed, on this appeal, to consider what decree is warranted by those pleadings. If the court below properly considered the report of the commissioner, the motion to dismiss the appeal must be granted. It is the general rule that, unless a replication is filed, the complainant, if he brings the cause to a hearing, cannot help out his case by proof. Nothing is taken as. true without proof unless admitted by the answer. Morris v. Morris, 5 Mich. 171; Hardwick v. Bassett, 25 Mich. 149.…
2Cases cited3 opinions
- Morris v. MorrisMichigan Supreme Court · 1858
- Fields v. ColbyMichigan Supreme Court · 1894
- Hardwick v. BassettMichigan Supreme Court · 1872
3Cited by2 opinions
- Durda v. Chembar Development Corp.Michigan Court of Appeals · 1980
- In re WinterDistrict Court, E.D. Michigan · 1927