Cook v. Bell
Michigan Supreme Court
Error to Jackson Circuit. This was an action brought to recover damages for a failure to perform the conditions of a certain contract for the sale of real estate. Judgment was rendered in favor of plaintiff below. The facts are stated in the opinion. 1. The court erred in admitting parol evidence, tending' to show an extension of the time mentioned in the written contract for the payment of the money. — -Comp.
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Error to Jackson Circuit. This was an action brought to recover damages for a failure to perform the conditions of a certain contract for the sale of real estate. Judgment was rendered in favor of plaintiff below. The facts are stated in the opinion. 1. The court erred in admitting parol evidence, tending' to show an extension of the time mentioned in the written contract for the payment of the money. — -Comp. Laws, §§ 3177, 3179, and cases hereinafter cited. 2. The deposition of Harriet Bell should have been excluded.— Comp. Laws, Sec. JfiSO, 4th subdivision. “ The return of the commissioner…
1Opinion of the Court
Campbell J.
Cook, the plaintiff in error, contracted in writing to sell certain lands to Henry C. Bell, a son of the defendant in error, for a sum of money, payable at fixed times by im *392stallments, allowing sixty days grace, and providing for the avoidance of the contract, and the right to retain payments made, in case of failure to pay as agreed. The money to make the payments actually made, was advanced to Henry O. Bell by defendant in error, and he assigned the contract to her, and Cook had notice of the assignment. • Mary Bell failed to make her payments as provided for, and there was…
2Cases cited1 opinion
- Pendell v. . CoonNew York Court of Appeals · 1859
3Cited by11 opinions
- Atlee v. BartholomewWisconsin Supreme Court · 1887
- Crippen v. JacobsonMichigan Supreme Court · 1885
- Matson v. MelchorMichigan Supreme Court · 1880
- Mullen v. MorrisNebraska Supreme Court · 1895
- Toledo & Ann Arbor R. R. v. JohnsonMichigan Supreme Court · 1885
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