Lovejoy v. Potter
Michigan Supreme Court
Appeal from Jackson. (Gridley, J.) Bill filed for specific performance of contract assigned to .defendant, to whom land is also conveyed. Complainant appeals. The facts are stated in the opinion.
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Appeal from Jackson. (Gridley, J.) Bill filed for specific performance of contract assigned to .defendant, to whom land is also conveyed. Complainant appeals. The facts are stated in the opinion. The only question of importance, raised by the demurrer, is, whether or not the assignee of the vendor, who receives from him a deed of the premises contracted to be conveyed, with the usual covenants, and a special covenant to do and perform all and singular the things to be done by the vendor, in relation to such contract, must convey the land to the vendee by deed with ordinary covenants. The…
1Opinion of the CourtMorse, J.
The complainant’s bill is for the specfic performance of a written contract, under seal (but without witnesses), made between the complainant and the Central Car & Manufacturing Company, a corporation, for the sale of certain *99real estate to the complainant as vendee, the land having been conveyed subject to the contract, and the contract, when about half paid, assigned to the defendant by a deed containing full covenants. The defendant, having tendered a deed containing a covenant against his own acts, for delivery on the payment of the remainder of the purchase .price, the complainant…
2Cases cited8 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Smoot v. ReaCourt of Appeals of Maryland · 1863
- Daily v. LitchfieldMichigan Supreme Court · 1862
- Laverty v. . MooreNew York Court of Appeals · 1865
- Matteson v. VaughnMichigan Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- O'Brien v. EvansMichigan Supreme Court · 1895
- Wheeler v. Standard Oil Co.New York Court of Appeals · 1933
- Pease v. WarnerMichigan Supreme Court · 1908
- Commer v. PotterMichigan Supreme Court · 1925