Climer v. Hovey
Michigan Supreme Court
Appeal from Berrien Circuit, in chancery. This was a bill for specific performance. The cause was heard on the pleadings and proofs, and the bill was dismissed. The facts of the case, and the allegations in the pleadings, so far as may be necessary to an understanding of the questions decided, are stated in the arguments of the counsel, and the opinion of the Court.
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Appeal from Berrien Circuit, in chancery. This was a bill for specific performance. The cause was heard on the pleadings and proofs, and the bill was dismissed. The facts of the case, and the allegations in the pleadings, so far as may be necessary to an understanding of the questions decided, are stated in the arguments of the counsel, and the opinion of the Court. The bill alleges that under the contract the complainant took possession, cut and sold timber, and contracted for the sale of more wood and timber. That he offered to pay tl)e amount due, and more, and requested a deed for the…
1Opinion of the Court
Campbell J.
Complainant filed his bill for the specific performance *22of a contract for the sale of certain lands. The contract was in writing, and describes certain parcels, specifically, but the hill alleges that in reducing it to writing the parties made a mistake, and described the wrong land. Hovey is the party who is charged with having contracted to convey. The bill charges the land to have been conveyed to Curtis since the contract, with knowledge of complainant’s rights. No payments are alleged, and no act of part - performance.
Both defendants rely upon the Statute of Frauds, and Hovey…
2Cited by8 opinions
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- Butler v. ThrelkeldSupreme Court of Iowa · 1902
- Ely v. New Mexico & Arizona RailroadArizona Supreme Court · 1888
- Lane v. NeifertMichigan Supreme Court · 1927
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