Brown v. Brown
Michigan Supreme Court
Appeal from Chippewa; Fead, J. Petition by David Brown against Hugh Brown for the payment to plaintiff of money,in the hands of a receiver. From a decree for defendant, petitioner appeals. In the year 1903, plaintiff, who was the owner of a large farm, entered into a contract with the defendant for its sale.
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Appeal from Chippewa; Fead, J. Petition by David Brown against Hugh Brown for the payment to plaintiff of money,in the hands of a receiver. From a decree for defendant, petitioner appeals. In the year 1903, plaintiff, who was the owner of a large farm, entered into a contract with the defendant for its sale. The contract is very full and explicit and provides among other things: “And it is further expressly agreed that, in case this contract is declared void as aforesaid, said party of the second part shall at once become a tenant of said premises under said first party, * * * and said second…
1DissentBird, J.
{dissenting). The proceedings before the commissioner resulted in a verdict which entitled plaintiff to the possession of the premises. Brown v. Brown, 194 Mich. 578 (161 N. W. 823). He could then elect to sue on the bond or to proceed against the defendant to recover his damages (3 Comp. Laws, § 11176, 3 Comp. Laws 1915, § 13252), but he is not entitled to pursue both remedies (Schellenberg v. Frank, 139 Mich. 183 (102 N. W. 644); and this is so, even though he claims damages which could not be recovered in an action on the bond. {Id.) The judgment rendered for plaintiff in the summary…
2Cases cited2 opinions
- Brown v. BrownMichigan Supreme Court · 1917
- Schellenber v. FrankMichigan Supreme Court · 1905