Butterfield v. Seligman
Michigan Supreme Court
Error to Oakland Circuit. This suit was brought by defendant in error against Butterfield, to recover the sum of $625 and interest thereon, which sum had been paid by said Seligman to said Butter-field, in pursuance of a- special written agreement) and for which Butterfield was to convey an interest in certain lands, but which he failed to perform.
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Error to Oakland Circuit. This suit was brought by defendant in error against Butterfield, to recover the sum of $625 and interest thereon, which sum had been paid by said Seligman to said Butter-field, in pursuance of a- special written agreement) and for which Butterfield was to convey an interest in certain lands, but which he failed to perform. The declaration was upon the common counts, and to which a bill of particulars was annexed, setting forth the said agreement, to wit: “ $600.00 Pontiac, February 38, 1865. Received of Jacob Seligman, six hundred dollars, in payment of one -third of…
1Opinion of the Court
Campbell J.
Plaintiff below sued upon the common counts, and on the trial was allowed to recover upon proof of a special written agreement, reciting the receipt of $600 as payment for certain lands, which defendant agreed to convey if he could make good title, and if he could not make good title, then he was to return to plaintiff $625.
This was an attempt to recover for the breach of an express contract, and there is no principle which can allow its introduction in evidence for the purpose of recovering what it agrees to pay, and yet permit it to be treated as thrown out of the case after it…
2Cited by8 opinions
- Chicago & Northeastern Railroad v. SturgisMichigan Supreme Court · 1880
- Mitchell v. Reolds Farms Co.Michigan Supreme Court · 1934
- Board of Commerce v. Security Trust Co.Court of Appeals for the Sixth Circuit · 1915
- Mitchell v. ScottMichigan Supreme Court · 1879
- Phippen v. MorehouseMichigan Supreme Court · 1883
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