Bill v. Brown

Plaintiff Peter Bill, Sr., sued in common pleas court for the city of Detroit for $2,500. This was the amount paid to defendants Brown and Taylor on or about December 15, 1962, as down payment on a bar plaintiff wanted to purchase from defendants. On January 28, 1963, a memorandum agreement was executed between the parties, the important provisions of which, for the purposes of this appeal, are as follows:

“If through no default or misrepresentation in the terms and conditions hereof, by the parties hereto, the Michigan liquor control commission fails or refuses to transfer the license to the…