Esper v. Miller
Michigan Supreme Court
Appeal from Wayne; Hosmer, J. Bill by Mathias Esper and Karolina Esper against Charles T. Miller, Edwin S. Sherrill, Elisha H. Elinn, James H. Bell, Ernest T. Tappey, Jacob H. Hahn, Charles A. Rathbone, John W. Simons, Charles W. Hitchcock, Agnes Andrus, Kate H. Jacobs, Lewis A. McCreary, and the Fairview Land Company, for the specific performance of a land contract.
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Appeal from Wayne; Hosmer, J. Bill by Mathias Esper and Karolina Esper against Charles T. Miller, Edwin S. Sherrill, Elisha H. Elinn, James H. Bell, Ernest T. Tappey, Jacob H. Hahn, Charles A. Rathbone, John W. Simons, Charles W. Hitchcock, Agnes Andrus, Kate H. Jacobs, Lewis A. McCreary, and the Fairview Land Company, for the specific performance of a land contract. From a decree dismissing the bill •except as against defendants Miller and the Fairview Land Company, complainants and said company appeal.
1Opinion of the CourtMoore, J.
This is a bill filed for the purpose of foreclosing a land contract made between the complainants and Charles T. Miller. The defendant the Fairview Land Company and the complainants have appealed. The ether defendants are content with the decree as it stands.
The testimony, when considered as a whole, fairly shows that, prior to the making of the contract, a number of .gentlemen were of the opinion that certain real estate was likely to appreciate in value, and agreed among themselves to form a corporation for the purpose of acquiring real estate and selling it again. A number of them…
2Cases cited10 opinions
- Whitney v. WymanSupreme Court of the United States · 1880
- Hammond v. HanninMichigan Supreme Court · 1870
- Battelle v. Northwestern Cement & Concrete Pavement Co.Supreme Court of Minnesota · 1887
- Van Schaick v. . Third Avenue R.R. Co.New York Court of Appeals · 1868
- Grape Sugar & Vinegar Manufacturing Co. v. SmallCourt of Appeals of Maryland · 1874
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3Cited by1 opinion
- Kimmerle v. Dowagiac Gas Co.Michigan Supreme Court · 1909