Bartlett v. Smith
Michigan Supreme Court
Error to Benzie; Chittenden, J. Assumpsit by Shirley Bartlett and another against G. Howard Smith for breach of a land contract. There was judgment for plaintiffs, and defendant brings error. On April 18, 1902, plaintiffs and defendant executed a land contract, by which the defendant agreed to sell plaintiffs 40 acres of land for the sum of $400; $25 on delivery of contract, $50 per year for 6 years, and $75 the seventh year, with interest at 6 per cent., payable annually.
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Error to Benzie; Chittenden, J. Assumpsit by Shirley Bartlett and another against G. Howard Smith for breach of a land contract. There was judgment for plaintiffs, and defendant brings error. On April 18, 1902, plaintiffs and defendant executed a land contract, by which the defendant agreed to sell plaintiffs 40 acres of land for the sum of $400; $25 on delivery of contract, $50 per year for 6 years, and $75 the seventh year, with interest at 6 per cent., payable annually. That portion of the contract material to the issue reads as follows : “And that if any of the payments and conditions…
1Opinion of the Court
Grant, J
{after stating the facts). 1. The plaintiffs had had the possession and use of the land for three years. They had made no improvements. The result of the instruction given by the circuit judge and the verdict of the jury is to deprive the defendant of the use of the property for three years, and to give the use thereof to the plaintiffs free of rent. Such an inequitable result finds no support in the law. If plaintiffs were entitled to recover, the rule is that they were entitled to recover the payments made, and the reasonable value of the improvements made in good faith, less the…
2Cases cited7 opinions
- Dwight v. CutlerMichigan Supreme Court · 1855
- Davis v. StrobridgeMichigan Supreme Court · 1880
- Atkinson v. ScottMichigan Supreme Court · 1877
- Getty v. PetersMichigan Supreme Court · 1890
- Ferris v. JohnsonMichigan Supreme Court · 1904
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3Cited by11 opinions
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- August v. CollinsMichigan Supreme Court · 1927
- Eaton v. HopkinsSupreme Court of Florida · 1916
- Chappus v. LuckeMichigan Supreme Court · 1929
- Johnson v. OlbergSouth Dakota Supreme Court · 1913
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