Legal Opinion

Cotharin v. Knoch

Michigan Supreme Court

Decided March 20, 1894PublishedCited by 4 opinions

Appeal from Wayne. (Gartner, J.) Bill for specific performance of contract. Defendants appeal. The facts are stated in the •opinion.

1Opinion of the CourtMcGrath, C. J.

On the 3d of May, 1890, defendants entered into a written contract to convey certain lands to complainant, and this bill is filed to enforce specific performance of that contract. The contract contained the following provision:

“This option shall not be binding, however, until we are released from all obligations on account of an alleged option claimed by Byron Green.”

A contemporaneous agreement was executed by complainant, which provided that—

“ Whereas, one or both of said Enochs did heretofore issue a certain option to one Byron Green for the sale of at least a portion of said premises.
“And…

2Cases cited1 opinion

  1. Green v. KnochMichigan Supreme Court · 1892

3Cited by4 opinions

  1. Ogooshevitz v. ArnoldMichigan Supreme Court · 1917
  2. Baller v. SpivackMichigan Supreme Court · 1921
  3. Nowicki v. KopelczakMichigan Supreme Court · 1917
  4. Kerwin Machine Co. v. BakerMichigan Supreme Court · 1917

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