Stover v. Whiting

Following a district court bench trial, judgment was entered in favor of the defendants (purchasers) on their counterclaim. Plaintiff (seller) appealed and the circuit court affirmed. This appeal is by leave granted.

The sole issue presented in this appeal is whether the purchasers may withdraw from an agreement to enter into a land contract to purchase IV3 acres of land because the seller is not able to obtain conditional releases from lienholders on the IV3 acres of land prior to the execution of the land contract.

On August 17, 1982, the parties entered into a sales-purchase agreement…