President of the Bank v. Niles
Michigan Supreme Court
Appeal from the Court of Chancery. (Vide S. C. Walk. Ch. R. 99.) The complainants filed their bill in the Court of Chancery, to obtain the specific performance of a contract, entered into between them and the defendant, July 1st, 1839. The complainants thereby bound themselves, within sixty days thereafter, to convey to the defendant certain real estate described in the contract, and to obtain from one Jeremiah H. Pierson, a good and sufficient deed of the property called…
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Appeal from the Court of Chancery. (Vide S. C. Walk. Ch. R. 99.) The complainants filed their bill in the Court of Chancery, to obtain the specific performance of a contract, entered into between them and the defendant, July 1st, 1839. The complainants thereby bound themselves, within sixty days thereafter, to convey to the defendant certain real estate described in the contract, and to obtain from one Jeremiah H. Pierson, a good and sufficient deed of the property called the Rochester mill property, and convey to him three undivided fourth parts of it; and, in case a mortgage or incumbrance…
1Opinion of the CourtFelch, J.
delivered the opinion of the Court.-
It is claimed on the part of the defendant, that the contract set forth in the bill was such as it was not competent for the complainants, under their charter, to make; that the buying and selling of real estate, except in the cases specified in their charter, is not within the scope of their corporate powers, and is unlawful; and that, the performance of this contract involving a violation of law, courts of equity would not interfere, or lend their aid to either party, to enforce it. Other questions of minor importance are presented, but we shall examine…
2Cases cited2 opinions
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- Cushman & Rankin Co. v. Boston & Maine RailroadSupreme Court of Vermont · 1909
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