In RE PEOPLE v. Jory

We are called upon to decide whether failure by a seller to disclose the existence of a mortgage on real property sold under a land contract may constitute a false pretense within the meaning of MCL 750.218; MSA 28.415. Although we conclude that, under some circumstances, failure to speak when it is necessary to do so can be a false pretense, we reverse the Court of Appeals decision in this case because other elements of the offense were not sufficiently established to support a conviction.

I

Defendant Alan Jory was convicted by a jury of obtaining money by false pretenses, MCL 750.218; MSA…