Scott v. Bush

We think this case, as now presented, was substantially decided when formerly before us, as reported in %6 Mich., 418. It appeared in that case, that the three hundred dollars put into the hands of the defendant, under the verbal agreement to .purchase his farm, was to be held by defendant in case plaintiff should fail to perform by making the purchase; in other words, to be forfeited in case of such *524failure, or rather, in effect, to he held as stipulated damages; but if he should perform, then to apply as part of the purchase money. And we there held, that the contract to purchase being…