Merdzinski v. Modderman

Plaintiff sued defendant in assumpsit on a land contract to recover the amount due there on, claimed to be $1,546.48. From a judgment for plaintiff, by direction of the court, defendant appeals. Appellant claims there was evidence to go to the jury on the question; that the contract was surrendered by act or operation of law, through the mutual abandonment or rescission and subsequent conduct of the parties inconsistent with its existence, showing performance of an oral agreement to abandon or rescind the contract.

One Hojnacki was building a house on a lot near the city of Grand Rapids.…