Clark v. Lowe
Michigan Supreme Court
Error to Eaton; Smith, J. Assumpsit by Frank B. Clark against Egbert W. Lowe for moneys paid to defendant’s use. From a judgment for plaintiff, defendant brings error. Plaintiff and defendant exchanged real estate, and each executed to the other the proper deed of conveyance.
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Error to Eaton; Smith, J. Assumpsit by Frank B. Clark against Egbert W. Lowe for moneys paid to defendant’s use. From a judgment for plaintiff, defendant brings error. Plaintiff and defendant exchanged real estate, and each executed to the other the proper deed of conveyance. In the deed from defendant to plaintiff the consideration was expressed at $3,000. The deed contained the following: “The said Frank B. Clark hereby assumes, in consideration herein set forth, and hereby agrees to pay, the undivided one-third of all debts, dues, and demands against said Sunfield Milling Company.” The…
1Opinion of the CourtGrant, J.
(after stating the facts). The defendant contends that the agreement was set forth in the deed, and that this agreement cannot be varied by parol. We think the case is ruled by Bowker v. Johnson, 17 Mich. 42, and Ford v. Savage, 111 Mich. 144.
The judgment is affirmed.
The other Justices concurred.
2Cases cited2 opinions
- Bowker v. JohnsonMichigan Supreme Court · 1868
- Ford v. SavageMichigan Supreme Court · 1896
3Cited by2 opinions
- Hagan v. MochMichigan Supreme Court · 1930
- Eckler v. AldenMichigan Supreme Court · 1900