Losey v. Hutchinson
Michigan Supreme Court
Appeal from Wayne; Webster (Arthur), J. Bill by Bert Losey and another against Laura T. Hutchinson for the specific performance of an oral lease. From an order granting a motion to dismiss, plaintiffs appeal.
1Opinion of the CourtBird, J.
The bill of complaint in this case which was filed on August 26, 1919, prays for specific per*319formalice of an agreement to make a written lease for three years. Defendant filed a motion, in the nature of a demurrer, to dismiss the bill. The chancellor granted the motion and plaintiffs have appealed. The issue presented to this court is whether, upon the face of the bill, sufficient appears by way of performance to take the agreement out of the operation of the statute of frauds. In order to determine this the substance of the showing made in the bill will have to be considered.
It appears from…
2Cases cited7 opinions
- Eaton v. WhitakerSupreme Court of Connecticut · 1846
- Dunckel v. . DunckelNew York Court of Appeals · 1894
- Spear v. OrendorfCourt of Appeals of Maryland · 1866
- Morrison v. HerrickIllinois Supreme Court · 1889
- Seaman v. AschermanWisconsin Supreme Court · 1883
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3Cited by1 opinion
- Tafoya v. EncisoMichigan Supreme Court · 1947