Goodspeed v. Dean
Michigan Supreme Court
Case made after judgment from Livingston Circuit. On April 10th, 1860, plaintiff entered into a contract with defendant to sell him a certain parcel of land for the sum of $2,100, $100 of which was to be paid down, $100 with interest on the whole February 10, 1861, and the balance in five equal annual payments, with annual interest.
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Case made after judgment from Livingston Circuit. On April 10th, 1860, plaintiff entered into a contract with defendant to sell him a certain parcel of land for the sum of $2,100, $100 of which was to be paid down, $100 with interest on the whole February 10, 1861, and the balance in five equal annual payments, with annual interest. The contract contained the following clauses: “In case default shall be made by the party of the second part, Ms heirs, executors, administrators or assigns, in any of the conditions above stipulated, to be performed by him, it shall and may be lawful for the…
1Opinion of the Court
Christiancy J.:
By the first written contract the plaintiff had the option, on any default in payment, to treat the contract as void, and the defendant was thenceforth to be deemed a tenant at will; plaintiff having a right to re - sell the land without being liable to any damage in consequence of such sale, or to return any payment which had been made on the contract. Defendant having failed to pay the installment of one hundred dollars due February 10, 1861, and the interest on the two thousand dollars then due, the plaintiff elected to treat the contract as void, *354and gave defendant a notice…
2Cited by13 opinions
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- McBee Binder Co. v. Fred J. Robinson Lumber Co.Michigan Supreme Court · 1934
- Kefgen v. CoatesMichigan Supreme Court · 1961
- Gruskin v. FisherMichigan Court of Appeals · 1976
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