Welsh v. Richards
Michigan Supreme Court
Error to Jackson. Trover by Richards for a crop of wheat threshed and carried away from land which he had bought from Joseph Hawes, by James Welsh who bid off the wheat for the defendant George W. Welsh at a sale on execution against Thonias Watkins who had sown it on the land under a contract with Hawes for its purchase, but had afterwards on making default in payment surrendered the contract and the land to Hawes. Plaintiff recovered and defendant brings error.-
1Opinion of the CourtMarston, J.
We are of opinion that the plaintiff in error had no cause to complain of the manner in which this case was by the court submitted to the jury. Where a vendee in possession of land makes default, the vendor may at once commence proceedings and have the contract declared forfeited. The vendee may, without compelling his vendor to resort to legal measures, surrender up his contract for cancellation and yield possession of the premises. In other words, the parties may by agree*594'ment accomplish that which the law would if resorted to. The vendor could in this case have recovered possession of the…
2Cited by4 opinions
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