Bomier v. Caldwell
Michigan Court of Chancery
The bill in this case was filed for a specific performance of a paróle contract to convey land. The bill states that some time in the year 1830, the”complainant and defendant entered into an agreement, in and by which agreement the defendant sold to the complainant a certain tract of land situated on Otter creek, in the county of Monroe, being three arpents in front and twenty-five in depth, in consideration of which, the complainant was to pay #150; #80 of this sum was to…
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The bill in this case was filed for a specific performance of a paróle contract to convey land. The bill states that some time in the year 1830, the”complainant and defendant entered into an agreement, in and by which agreement the defendant sold to the complainant a certain tract of land situated on Otter creek, in the county of Monroe, being three arpents in front and twenty-five in depth, in consideration of which, the complainant was to pay #150; #80 of this sum was to be paid immediately in cattle, and the balance in the three years thereafter; that it was understood by the parties that…
1Opinion of the Court
The Chancellor.
From the testimony, there can be no doubt that the agreement between the parties was substantially as stated in the bill.
By the testimony in the case, it appears that the price to be paid by the complainant for the land was $150; that $80 was *69paid down, leaving only a balance of $70 due; that the land was surveyed by defendant, and that he put the complainant in possession. It further appears the complainant has resided on the land ever since, and that he has built an addition to the house; has cleared, fenced and improved some twenty-five acres of land, and set out an orchard.…
2Cited by5 opinions
- Godwin v. CollinsCourt of Chancery of Delaware · 1868
- Selby v. StanleySupreme Court of Minnesota · 1860
- Fisher v. Safe Harbor Realty Co.Court of Chancery of Delaware · 1959
- Shipe's AppealSupreme Court of Pennsylvania · 1886
- Fisher v. SAFE HARBOR REALTY COMPANYSupreme Court of Delaware · 1959