Dodder v. Snyder
Michigan Supreme Court
Error to Shiawassee; Wisner, J., presiding. Assumpsit by David L. Dodder against Franklin J. Snyder for the breach of a special contract. From a judgment for defendant on verdict directed by the court, plaintiff brings error.
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Error to Shiawassee; Wisner, J., presiding. Assumpsit by David L. Dodder against Franklin J. Snyder for the breach of a special contract. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff sold and conveyed to the defendant by a warranty deed the E. \ of the E. £ of the N. E. J, section 10, township 7 N., range 1 E., for an expressed consideration of $2,000. Plaintiff claims that in addition to the $2,000 the defendant agreed to build a certain portion of the fence between the land conveyed and certain other lands of the plaintiff, and that he…
1Opinion of the CourtGrant, J.
(after staling the facts). So far as the parol contract included the reservation of the trees and the pasture, the learned circuit judge was correct in his instruction. Vanderkarr v. Thompson, 19 Mich. 82; Adams v. Watkins, 103 Mich. 431. But in so far as it included the-contract to build a fence, we think he was in error. The recital of a consideration in a deed is not conclusive, and it may be shown to be greater or less than the amount stated. Strohauer v. Voltz, 42 Mich. 444; Dean v. Adams, 44 Mich. 117; Mowrey v. Vandling, 9 Mich. 39. The court, at one time during the progress of the…
2Cases cited5 opinions
- Strohauer v. VoltzMichigan Supreme Court · 1880
- Vanderkarr v. ThompsonMichigan Supreme Court · 1869
- Mowrey v. VandlingMichigan Supreme Court · 1860
- Adams v. WatkinsMichigan Supreme Court · 1895
- Dean v. AdamsMichigan Supreme Court · 1880
3Cited by5 opinions
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- Sharrar v. Wayne Savings Ass'nMichigan Supreme Court · 1929