Belding v. Meloche
Michigan Supreme Court
Appeal from Ionia; Davis, J. Foreclosure bill by Milo M. Belding and Alvah N. Belding against Albert F. Meloche, Napoleon H. Meloche, and others. Complainants obtained a decree, and, after, a sale thereunder, filed a petition for the application of certain moneys in the hands of the receiver to the payment of a deficiency, and for a personal judgment for the balance then remaining due. From a decree for complainants, defendants Meloche appeal.
1Opinion of the CourtHooker, J.
On May 2, 1892, the complainants sold to the Meloches (two of the defendants), upon contract, a business block in the village of Belding, at an agreed *224price of 136,000, to be paid in 120 monthly installments of $800, without interest. The contract does not expressly state that the vendees shall be entitled to possession, but does provide that, in case of default, the vendors may—
“Elect to consider themselves released and discharged of and from any and all liability in any of the covenants specified to be done and performed by them, and all improvements made by the said parties of the second…
2Cases cited2 opinions
- Wagar v. StoneMichigan Supreme Court · 1877
- Michigan Trust Co. v. Lansing Lumber Co.Michigan Supreme Court · 1894
3Cited by5 opinions
- Union Trust Co. v. Charlotte General Electric Co.Michigan Supreme Court · 1908
- Fifth National Bank v. PierceMichigan Supreme Court · 1898
- Denby v. OzeranMichigan Supreme Court · 1931
- Miller v. WalkerMichigan Supreme Court · 1905
- Smith v. ShermanMichigan Supreme Court · 1933