Legal Opinion

Miller v. Smith

Michigan Supreme Court

Decided June 13, 1905No. Docket No. 59PublishedCited by 18 opinions

Error to Wayne; Davis, J., presiding. Assumpsit by Richard L. Miller against John F. Smith and Mary Smith for breach of a contract to convey certain real estate. There was judgment for defendants on a verdict directed by the court, and plaintiff brings error.

1Opinion of the CourtMcAlvay, J.

The plaintiff was a real estate dealer in the city of Detroit. Defendants were the owners of an interest in certain real estate situated in said city. This property had belonged to one Henry Smith, who died leaving a widow, the defendant Mary Smith, and ten. children. One of these children quitclaimed to the other nine heirs, leaving each the owner of a one-ninth interest. On June 3, 1903, the widow and one of the sons (John F. Smith), the defendants in this suit, entered into the following agreement with plaintiff, through his agent, R. Z. Chandler, for the sale of this property:

“Detroit,…

2Cases cited2 opinions

  1. Wilkinson v. HeavenrichMichigan Supreme Court · 1886
  2. Mull v. SmithMichigan Supreme Court · 1903

3Cited by18 opinions

  1. Way v. RootMichigan Supreme Court · 1913
  2. Zurcher v. HerveatMichigan Court of Appeals · 2000
  3. Smith v. MathisMichigan Supreme Court · 1913
  4. Ebert v. CullenMichigan Supreme Court · 1911
  5. Bugajski v. SiwkaMichigan Supreme Court · 1918

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