Legal Opinion

Achenbach v. Mears

Michigan Supreme Court

Decided June 3, 1935No. Docket No. 125, Calendar No. 38,215PublishedCited by 13 opinions

1Opinion of the CourtPotter, C. J.

Plaintiffs filed a bill to rescind a trade based upon a written contract, or alternatively, in case rescission was impossible, to recover damages for fraud.

Plaintiffs owned a farm in Allegan county, valued at $7,500, subject to an outstanding incumbrance of $2,300. October 5, 1933, they traded this farm with defendants Mears for a store in Fulton, Kalamazoo county, and gave back a chattel mortgage on the store building and fixtures in the sum of $2,300. Plaintiffs allege they were defrauded:

1. As to the quality of the goods traded by defendants Mears to them;

2. As to the value of the stock of…

2Cases cited7 opinions

  1. Pangborn v. Continental InsuranceMichigan Supreme Court · 1888
  2. Merrill v. WilsonMichigan Supreme Court · 1887
  3. Nowlin v. SnowMichigan Supreme Court · 1879
  4. George D. Sisson Lumber & Shingle Co. v. HaakMichigan Supreme Court · 1905
  5. Barnhardt v. HamelMichigan Supreme Court · 1919

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. King v. Ford Motor Credit Co.Michigan Court of Appeals · 2003
  2. Salzman v. MaldaverMichigan Supreme Court · 1946
  3. Mesh v. CitrinMichigan Supreme Court · 1941
  4. Columbus Pipe & Equipment Co. v. SefanskyMichigan Supreme Court · 1958
  5. Schuler v. American Motors Sales Corp.Michigan Court of Appeals · 1972

8 more not listed; retrieve them via the Exa API.

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