Allen v. Atkinson
Michigan Supreme Court
Error to St. Clair Circuit. This was an action of assumpsit brought by John Atkinson in the Circuit Court for the County of St.- Clair against John Allen, to recover damages for the breach of a contract to sell and convey a lot of land. The cause was tried before the Circuit Judge, Avhose findings of facts and conclusions of law are set forth in the record.
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Error to St. Clair Circuit. This was an action of assumpsit brought by John Atkinson in the Circuit Court for the County of St.- Clair against John Allen, to recover damages for the breach of a contract to sell and convey a lot of land. The cause was tried before the Circuit Judge, Avhose findings of facts and conclusions of law are set forth in the record. Findings. — “The Court having been requested to find the facts and his conclusions of law thereon, finds the facts as follows: “ 1st. That the plaintiff and defendant, on the 30th day of July, 1866, entered into an agreement, in Avriting,…
1Opinion of the CourtCooley, J.
The action between these parties in the Court below was by Atkinson against Allen, for breach of a contract, by which the latter undertook to convey to the former a certain parcel of land. It is not disputed that Allen had the title to the land at the time of the contract and the breach, and that he might have complied with his contract had he seen fit to do so. The principal questions in the case are, first, — Whether he was excused from performance by the acts of Atkinson, and, if not, then, second, — In what damages he is liable for refusal. The Court below held him not excused, and that…
2Cases cited6 opinions
- Pumpelly v. . PhelpsNew York Court of Appeals · 1869
- Trull v. . GrangerNew York Court of Appeals · 1853
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Dwight v. CutlerMichigan Supreme Court · 1855
- Cannell v. M'CleanCourt of Appeals of Maryland · 1824
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Easton v. MontgomeryCalifornia Supreme Court · 1891
- Fagan v. HookSupreme Court of Iowa · 1905
- Way v. RootMichigan Supreme Court · 1913
- Soloman v. Western Hills Development Co.Michigan Court of Appeals · 1981
22 more not listed; retrieve them via the Exa API.