Abell v. Munson
Michigan Supreme Court
Error to Wayne Circuit. This was an, action to recover damages for not conveying certain real estate according to the terms of ■ a certain contract.
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Error to Wayne Circuit. This was an, action to recover damages for not conveying certain real estate according to the terms of ■ a certain contract. On the trial, the plaintiff gave evidence tending to how that about the tenth of June, 1867, he made a verbal agreement with the defendant for the purchase of lot 16 (hereafter mentioned in written contract), and gave a note against Philetus Howe for $129.25, in full payment for the same; that nothing was said at the time of giving the note to defendant about the pecuniary responsibility of Howe, or about the note being as good as the cash; that…
1Opinion of the CourtCampbell, J.
Munson sued Abell for not conveying certain property, according to agreement. The defence was that the agreement was obtained by fraud, and without consideration; and also that there had been no default, or none which had not been waived by subsequent agreement.
The consideration paid in advance was a note against one Philetus Howe. Abell claimed and testified that Munson represented this note to be “as good as the cash, and that the maker was perfectly responsible.” He testified further, that Munson desired him not to call upon Howe for three or four months. He further testified to calling on…
2Cases cited1 opinion
- Connelly v. PierceNew York Supreme Court · 1831
3Cited by28 opinions
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Williams v. FloodMichigan Supreme Court · 1886
- Adams v. HughesCourt of Appeals of Texas · 1911
- Coleman v. St. Paul & Tacoma Lumber Co.Washington Supreme Court · 1920
- Atlee v. BartholomewWisconsin Supreme Court · 1887
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