Kimball v. Batley
Michigan Supreme Court
Appeal from Ingham; Collingwood, J. Bill by Homer Kimball against Estella Batley and others for specific performance of a parol contract to convey lands. From a decree for complainant, defendants appeal.
1Opinion of the CourtStone, J.
I am unable to agree with the result reached by Justice Moore in this case. (1) It seems to me that the contract set forth in the bill of complaint has not been established by the evidence. (2) The evidence is not sufficient to show either acceptance or performance of the contract alleged by complainant. (3) Specific performance as prayed for is not equitable.
The bill of complaint, in the fourth paragraph thereof, states that in the month of February, 1908, while the decedent Stewart Scoville (the maternal grandfather of complainant) was residing with complainant’s mother in Ingham county,…
2Cases cited11 opinions
- Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
- Rust v. ConradMichigan Supreme Court · 1882
- Smith v. LawrenceMichigan Supreme Court · 1867
- Chambers v. LivermoreMichigan Supreme Court · 1867
- Wilson v. WilsonMichigan Supreme Court · 1858
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3Cited by8 opinions
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- Bame v. BameMichigan Supreme Court · 1930
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