Hoey v. Ebert

In this case a judgment for defendant notwithstanding the verdict of the jury in favor of the plaintiff was affirmed by this court. 267 Mich. 155. Decision rested upon the rule of law that the omission of the name of the defendant as grantee in the deed executed by the plaintiff rendered it inoperative as a conveyance and imposed no obligation upon the defendant to whom it was delivered.

On application of the plaintiff a rehearing has been granted. On further consideration we are convinced that we were in error in so holding.

Under the instruction of the court the jury found that plaintiff…