Legal Opinion

Nelson v. Breitenwischer

Michigan Supreme Court

Decided December 21, 1916No. Docket No. 136PublishedCited by 11 opinions

Appeal from Montcalm; Davis, J. Bill by Clinton Nelson against Louis F. Breitenwischer and another for the foreclosure of a land contract. From an order overruling a motion to dismiss the bill, defendants appeal.

1Opinion of the CourtKuhn, J.

The plaintiff’s bill was filed to foreclose a land contract dated June 15, 1915, for default in payments; it appearing from the averments of the bill that the plaintiff is the assignee of the vendor of a 480-acre farm in Montcalm county of this State. The farm was originally owned by James Walsh and wife and was by them sold on a land contract to the defendants for $35,000. Of this amount $18,300 was paid down, and the balance was to be paid $2,000 in 30 days, $2,000 in 60 days, and $3,200 in 90 days. Upon the payment of these amounts a deed was to be given subject to a mortgage of $9,500. On…

2Cases cited1 opinion

  1. Stumpf v. StorzMichigan Supreme Court · 1909

3Cited by11 opinions

  1. Commerce-Guardian Trust & Savings Bank v. StateMichigan Supreme Court · 1924
  2. MacDonald v. BettsMichigan Supreme Court · 1929
  3. Krell v. CohenMichigan Supreme Court · 1921
  4. Hartford-Connecticut Trust Co. v. O'CONNORSupreme Court of Connecticut · 1950
  5. MacClure v. NobleMichigan Supreme Court · 1932

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