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The Law Of Land Contracts | by Asher L. Cornelius



This work is submitted to the legal profession as the result of several years' research on the various subjects treated. It is intended to be a practical treatise for the busy practitioner on the subject of land contracts, preliminary and otherwise, and of the rights, remedies, and obligations growing out of such contracts.

TitleThe Law Of Land Contracts
AuthorAsher L. Cornelius
PublisherCallaghan & Company
Year1922
Copyright1922, Callaghan & Company
AmazonMichigan Law Of Land Contracts

By Asher L. Cornelius, Of The Detroit Bar

-Preface
This work is submitted to the legal profession as the result of several years' research on the various subjects treated. It is intended to be a practical treatise for the busy practitioner on the subj...
-Chapter I. Importance Of Preliminary Agreement. Practical Suggestions In Regard Thereto Duty Of Counsel In Regard To Closing Transaction
Sec. 1. Introductory Statement. Sec. 2. Closing of Transaction. Importance of Preliminary Agreement. Sec. 3. Details Which Should be Settled by the Preliminary Agreement. Sec. 4. Duty of Counsel in Cl...
-Sec. 2. Closing Of Transaction - Importance Of Preliminary Agreement
In every transaction involving the sale and purchase of real estate there are usually two important stages: The preliminary and the closing one. There are a number of reasons why a transaction is n...
-Sec. 3. Details Which Should Be Settled By The Preliminary Agreement
The vendor and vendee often find cause for differences at the time of closing, on the following apparently simple matters; all of which, where the facts warrant, should be dealt with by the preliminar...
-Sec. 4. Conduct Of Counsel In Closing Transaction Where The Preliminary Agreement Is Silent On Important Details
It is surprising how often transactions involvng many thousands of dollars are made between parties in a loose, offhand manner and without advice of counsel, and with nothing to indicate the agreement...
-Sec. 5. Counsel Should Avoid Acting In Dual Capacity
Frequently when either the vendor or vendee has the services of an attorney who regularly transacts all or most of his business, he brings the other party to such attorney for the purpose of consummat...
-Sec. 6. Broker Not To Draw Agreement
Unlike some of the States, Michigan has no law on her Statute books prohibiting laymen from preparing legal instruments. So many individuals have become engaged in the industry of buying and selling r...
-Sec. 7. What The Vendor Is Entitled To
We can point out only some of the essential matters which the vendor has a right to have incorporated in the preliminary and final land contract-Matters of greater or less importance will arise that r...
-Sec. 8. Substitute For Non-Assignment Clause
For several years some of our intermediary courts have proceeded upon the theory that no forfeiture of a land contract can be declared upon a violation of the provision that the vendee shall not assig...
-Sec. 9. To What The Vendee Is Entitled
(a) That possession shall be given to him on the date of closing: if that cannot be arranged that he be allowed a reasonable amount for use and occupation by the vendor, his tenants or lessees until ...
-Chapter II. Statute Of Frauds Sufficiency Of The Preliminary Agreement. Oral Contracts Partly Performed. Miscellaneous
Sec. 10. The Statute of Frauds-General Considerations. Sec. 11. Auction Sales-Sufficiency of Memorandum. Sec. 12. Statute of Frauds-What Contracts Affected by. Sec. 13. Agreements Pertaining ...
-Sec. 10. The Statute Of Frauds-General Considerations
By reason of the statute of frauds, all contracts for the sale of real estate are absolutely void unless in writing and signed by the vendor. Generally speaking, no oral contract has any value whateve...
-Sec. 11. Auction Sales-Sufficiency Of Memorandum
Whenever any sale of lands or interest therein shall be sold at public auction, it is not necessary that either the vendor or the vendee shall sign any written memorandum of the sale. It is sufficient...
-Sec. 12. Statute Of Frauds-What Contracts Affected By
The statute covers every imaginable case where an interest in land is divested by any act of the party concerned. It applies to surrenders as well as transfers and excludes the idea that there can be...
-Sec. 13. Agreements Pertaining To Real Estate Held Not Within Statute Of Frauds
The statute of frauds in requiring contracts for the sale of or landed interests to be in writing contemplates transactions between principals and does not cover a bargain between a principal and his ...
-Sec. 14. Statute Of Frauds Surrender Or Release Of Interests
In general it may be stated that any surrender or release of a vested interest in real estate whether it is by land contract or deed must be in writing, otherwise under the statute of frauds the same ...
-Sec. 15. The Memorandum May Consist Of Letters, Telegrams Or Detached Writings
Where an offer clearly and explicitly contains the essentials required by the statute-namely, a description of the land, an offer to sell at a specified price and the time or times and manner when the...
-Sec. 16. Aiding Memorandum By Parol Evidence
Where the agreement to purchase lands is sufficient to comply with the statute of frauds, in the absence of fraud or mistake, it is error to admit evidence of any other agreement or understanding not ...
-Sec. 17. Provisions Of The Preliminary Contract
Many contracts executed preliminary to the regular form of land contract are defective in that they do not state sufficiently the terms of the land contract to be subsequently entered into. This is es...
-Sec. 18. Essential Elements Of Preliminary Contracts For Sale Of Real Estate
The contract or memorandum for the sale of real estate to meet the requirements of the statute must possess the following essentials: (a) The contract must contain a description of the land, suffic...
-Essential Elements Of Preliminary Contracts For Sale Of Real Estate. Part 2
A memorandum to be sufficient under the statute must be complete in itself and must leave nothing to rest in parol.42 (1/2) of the northwest quarter (1/4) except eighteen (18) acres off southwest c...
-Essential Elements Of Preliminary Contracts For Sale Of Real Estate. Part 3
In this case, a memorandum described the property as No. 151 Wilkins Street, four family frame flat in the City of Detroit, County of Wayne and State of Michigan. This contract is peculiar in that the...
-Essential Elements Of Preliminary Contracts For Sale Of Real Estate. Part 4
The court held that this contract is sufficient in all particulars to satisfy the requirements of the statute of frauds. The parties, property, consideration, terms, and time of performance are all cl...
-Essential Elements Of Preliminary Contracts For Sale Of Real Estate. Part 5
The court held that this was such an agreement as may be enforced; that this agreement is signed by both parties, and while the plaintiff does not in express terms agree to buy or pay, by implication ...
-Essential Elements Of Preliminary Contracts For Sale Of Real Estate. Part 6
Huldberg v. Creer, 172 Mich. 505. Where the option, properly signed, described the property by street number, consideration one dollar, purchase price to be $5,500, interest 5%, easy terms, held suffi...
-Essential Elements Of Preliminary Contracts For Sale Of Real Estate. Part 7
It is understood and agreed between the parties that E. M. O'Roark, real estate agent, who held a prior option on this property, dated March 10th, 1914, which said option has expired, is to receive fr...
-Essential Elements Of Preliminary Contracts For Sale Of Real Estate. Part 8
In addition thereto, the purchaser agrees to discharge, when due, all taxes and assessments and to keep property fully covered by insurance in amounts approved by the seller, said policies to be held...
-Essential Elements Of Preliminary Contracts For Sale Of Real Estate. Part 9
Taylor v. R. D. Scott & Co., 149 Mich. 525. In this case the plaintiff sued in assumpsit to recover damages for a breach of an alleged contract entered into between the plaintiff and the trustees of t...
-Essential Elements Of Preliminary Contracts For Sale Of Real Estate. Part 10
Detroit, Mich., March 17, 1888. Received of Waterman's Real Estate Exchange, one hundred dollars, as earnest on purchase of my residence on northeast corner of Second and Bagg streets, lot 75 by 190 ...
-Sec. 19. Effect Of Void Agreements Under Statute Of Frauds
-A contract for the sale of land which is not in writing and therefore does not comply with the statute of frauds is absolutely void and cannot be used for a basis for measuring damages or for any oth...
-Sec. 20. Effect Of Part Performance Of Oral Agreement To Sell Real Estate-General Considerations
Where verbal contracts for the sale of real estate have been partly performed, courts of equity have in the interests of substantial justice relaxed the rigid rule of law requiring contracts relating ...
-Effect Of Part Performance Of Oral Agreement To Sell Real Estate-General Considerations. Continued
While the foregoing general principles are correct statements of the law, there has been a number of late cases where the courts have enforced the foregoing rules with much liberality and have granted...
-Sec. 21. Actions At Law On Verbal Contracts Partly Performed
-No action at law can be maintained on a verbal contract partly performed, as the doctrine of part performance is purely a creation of equity and is not recognized at law. It therefore in writing and ...
-Sec. 22. When Disposal Of Land Contract In Escrow Advisable
-Where the parties live in widely separated localities and have been brought together for the purpose of consummating a preliminary agreement, or when for any other reason, it appears that difficulty ...
-Sec. 23. Loss By Fire Pending Purchase
After a land contract has been concluded and possession thereunder given to the purchaser upon whom does the loss to the real estate from fire or accident fall? Unquestionably upon the vendee.72 But d...
-Sec. 24. Sufficiency Of Tender Of Performance
It is not always necessary for the vendee to actually tender to the vendor the amount of the purchase price or of the initial payment to constitute a valid and sufficient tender of performance on his ...
-Sec. 25. Briefs Used In Late Michigan Cases Involving Statute Of Frauds
OGOOSHEVITZ v. SAMPSON, 211 Mich. 184- (a) Statement of Fact. (b) Brief for Plaintiff. (c) Brief for Defendant. OGOOSHEVITZ v. SAMPSON, 211 Mich. 184- (a) Statement of Fact.-The above part...
-Chapter III. Forms Of Preliminary Contracts. Land Contracts. Assignments Of Land Contracts. Escrow Agreements. Powers Of Attorney
Sec. 26. Short Form Preliminary Contract for the Sale of Real Estate for Cash. Sec. 27 Preliminary Agreement Short Form. Sec. 28. Preliminary Contract for the Sale of Real Estate-Form Favorable to ...
-Sec. 26. Short Form Preliminary Contract For The Sale Of Real Estate For Cash
Where real estate is sold for cash, the contract, of course, is greatly simplified, and many subjects which in the preliminary contract for the execution of a land contract must be dealt with, may be ...
-Sec. 27. Preliminary Agreement, Short Form
This contract made and entered into by and between John Doe and Mary Doe, his wife, hereinafter referred to as vendors and Richard Roe hereinafter referred to as purchaser, Witnesseth: The vendors ...
-Sec. 28. Preliminary Contract For The Sale Of Real Estate-Form Favorable To Vendee
If a form of contract is desired specially favorable to the vendee, such form can be secured by omitting from the form of contract set forth in the preceding section, the following clauses: 1. The ...
-Sec. 29. Form Favorable To The Vendor
This is a form especially favorable to the vendor. It differs from the usual form of land contract in the following particulars: (a) It contains a clause authorizing vendor to serve a notice of for...
-Sec. 30. Escrow Memorandum For The Disposition Of A Land Contract In Escrow
....................................................................................................... (Insert date and place.) It is hereby agreed by and between the parties hereto that the at...
-Sec. 32. Form Of Land Contracts-General
This contract made and entered into this (here insert date) by and between (here insert name of vendor) of (here insert residence) hereinafter referred to as party of the first part and (here insert n...
-Sec. 33. Wayne County Abstract Company's Form
Article of agreement, made this................day of................in the year of our Lord one thousand nine hundred and ................, between ....................of the City of Detroit, in t...
-Sec. 34. Union Trust Co. Form
This contract, made this ......................................day of................................in the year one thousand nine hundred and......................between........................ ...
-Sec. 35. Detroit Land Contract Form
This contract made this ....................day of...................., in the year one thousand nine hundred and...................., between ...................., of the City of Detroit, Wayne...
-Sec. 36. Form Of Land Contract With Special Tax Clause
The following is a form of land contract with a special tax clause whereby the vendee obligates himself to pay not only the taxes assessed against the property but all taxes which may be assessed agai...
-Sec. 37. Contract For Sale Of Farm Land On Long Time
This contract, made this......................day of......................A. D. 19......, between....................of....................of the first part, and........ ............of................
-Sec. 38. Form For Recording Payments On Land Contracts
Attached to land contracts are usually forms for the registration and receipt of payments made by the vendee thereon. Such form, where the printed blank is used, is usually printed on the back of the ...
-Sec. 39. Assignment Of Land Contract, Long Form
The following is an assignment of land contract attached to some of the forms in general use among the legal profession. This form is more extended than the form given in the preceding section, but is...
-Sec. 40. Assignment Of Land Contract, Short Form With Consent Of Vendor
The following is a form of assignment of land contract in common use in Michigan by the legal profession, together with a form of consent by the vendee, and the acceptance and agreement by the assigne...
-Sec. 41. Contract For The Sale Of City Lots, Vendor To Advance Funds For Building
This contract made and entered into this (here insert date), by and between (herein insert name of vendor), of (here insert residence of vendor, including city, county and state), hereinafter refer...
-Sec. 42. Power Of Attorney To Lease Or Sell Land
Know All Men by These Presents, That I, (herein insert name of grantor) of (herein insert name of City) County of (herein insert name of County) State of Michigan, do by these presents constitute and ...
-Chapter IV. Land Contracts, Nature Of Estate Created, Execution, Parties, Construction, Miscellaneous Topics
Sec. 43. Nature of Estate Created by Land Contract. Sec. 43A. Wife Need Not Join With Vendee in Assignment of Contract- Exceptions. Sec. 44. Nature of Estate Where Vendees are Husband and Wife. ...
-Sec. 43. Nature Of Estate Created By Land Contract
A contract for the sale of land, where the vendee is given possession of the premises, conveys to the vendee the equitable title thereto.1 While at law the title remains in the vendor as security 1...
-Sec. 43a. Wife Need Not Join With Vendee In Assignment Of Land Contract-Exceptions
The wife of a vendee, under a land contract, has no dower interest in such contract, and she is not, therefore, under the Michigan decisions required to execute an assignment of a land contract in ord...
-Sec. 44. Nature Of Estate Where Vendees Are Husband And
Wife.-Where a husband and wife are named as vendees in a land contract, it frequently occurs that one or the other may die before the conditions of the contract are discharged, and the vendor is requi...
-Sec. 45. Respective Shares When Vendors Are Husband And Wife, Joined With Others
It follows, therefore, from the doctrine discussed in the foregoing section that the husband and wife as vendees in a land contract take by the entirety as one interest, and when they are named as ven...
-Sec. 46. Land Contracts, Capacity Of Parties
The mental capacity to enter into a contract is absolutely necessary to formation of a binding agreement, therefore, inability to exercise the reasoning faculties or to give an intelligent assent to t...
-Sec. 47. Land Contracts, Execution, Statutory Requirements
By statute 16 it is provided that contracts for the sale of land shall be executed in the presence of two witnesses who shall subscribe their names as such, and the vendor may acknowledge the same bef...
-Sec. 49. Land Contracts Acknowledgment And Registration
If the vendee of a land contract desires to record the same so that the record thereof will be notice to his rights in the contract, care should be exercised to see that the vendor executes a proper a...
-Sec. 50. Form Of Acknowledgment Statutory Provision
The statute provides several forms for the acknowledgment of instruments for natural persons acting in their own right, for natural persons acting by attorney and for corporations or join stock associ...
-Sec. 52. Acknowledgments In Other States And Territories
The statute provides that contracts executed in other states and territories of the United States may be executed in accordance with the laws of such states, territory or district or in accordance wit...
-Sec. 53. Acknowledgment Of Contracts Executed In Foreign Countries
If the contract, be executed in a foreign country it may be executed in accordance with the laws of such country and the execution thereof may be acknowledged before any notary public therein or befor...
-Sec. 54. Land Contracts Defectively Executed, Curative Statutes
Those sections of the statute relative to the formal requisite of a land contract must be construed in connection with a remedial section of the statute 27 which provides that no conveyance of land or...
-Sec. 55. Land Contracts As Evidence (Certified Copy)
The general rule in regard to proof of documents is that the original shall be produced unless required to remain in some public office. If it belongs in such office it can be proved by an exemplifica...
-Sec. 56. Discharging Land Contracts Of Record
When the vendor in a land contract has ceased by law to be bound by the provisions of the contract and is entitled to a release therefrom, the vendee named in said contract shall upon request by such ...
-Sec. 57. Registration Of Land Contracts Where Land Affected Lies In Two Or More Counties
It sometimes happens that the real estate sold under a land contract lies in several counties, and it therefore becomes desirable to record the instrument in each of such counties in order that it may...
-Sec.59. The Specific Tax On Land Contracts
By statute40 a specific tax of fifty cents per each One Hundred ($100) Dol- 39. Corey v. Smalley, 107 Mich. 257; Atkinson v. Akins, 197 Mich. 297; Woodward v. Clark, 15 Mich. 104; Russell v. Sweeze...
-Sec. 60. Basis Of Computing Specific Tax On Land Contracts
Under Section 4268 et seq., of the Compiled Laws of Michigan, 1915, providing that no land contract can be offered in evidence until the specific tax is paid to the county treasurer as provided in the...
-Sec. 61. Sale Of Expectant Interests
The law looks with disfavor upon the sale of expectant interests in real estate, and before such a contract can be enforced it must be alleged and proven that there was neither fraud nor oppression, a...
-Sec. 62. Vendor's Equitable Lien For Unpaid Purchase Price
It is well settled that where the vendor of real estate takes no security for the payment of the purchase price he has an equitable lien for such purchase money upon the land so sold.48 This lien atta...
-Chapter V. Correcting Defects In The Title Marketable Titles Title By Adverse Possession Adverse Possession Of Vacant, Wild And Unoccupied Land. Remedying Defects In The Title By Affidavit. Discharging Ancient Mortgages. The Action To Quiet Title. Pleading, Practice And Forms
Sec. 63. Marketable Titles-Terminology. Sec. 64. Clouds on the Title-Definition. Sec. 65. Discharge of Mortgages of Record by Petition. Sec. 66. Defects of Record, Remediable Affidavits-Forms...
-Sec. 63. Marketable Titles-Terminology
A land contract, whether preliminary in character or otherwise, usually requires the vendor to furnish a marketable title to the property he seeks to sell. Some contracts employ the term merchantable...
-Sec. 64. Clouds On The Title-Definition
A cloud on the title is an outstanding claim or encumbrance which if valid would affect or impair the title of the owner of a particular estate, and which apparently and on its face has that effect, b...
-Sec. 65. Discharge Of Mortgages Of Record By Petition
In cases where the title to real estate is clouded by long standing mortgages which have either been paid or more than 15 years have elapsed since the last payment was made on the debt se cured by the...
-Sec. 66. Defects Of Record, Remediable Affidavits-Forms
Where the defect in the record title is one which can be remedied by recording an affidavit setting up the facts, such a course may be pursued to the advantage of all parties concerned. In drafting su...
-Sec. 67. Form Of Petition For Discharge Of Mortgage
State of Michigan, in the Circuit Court for the County of......................... In the matter of the Petition of John Doe for the Discharge of a Certain Mortgage of Record. To the Circuit Cou...
-Sec. 68. Form Of Certificate Discharging Mortgage
State of Michigan, in the Circuit Court for the County of.......................... In the matter of the Petition of John Doe for the Discharge of a certain Mortgage of Record. At a session of s...
-Sec. 69. Defects In Title Curable By Affidavits
Where the defect in the chain of title relates to the date of birth of some heir, the question as to whether or not a vendor was married on the date of a given conveyance, the question as to whether a...
-Sec. 70. Title By Adverse Possession
While it is well settled that where the contract does not specifically require the vendor to furnish a marketable title of record or as shown by the abstract, a title by adverse possession is sufficie...
-Sec. 71. Adverse Possession When Five-Year Period Sufficient To Vest Title
In a certain class of cases by reason of a special statute of limitation, adverse possession of real estate for a period of five years, will vest in the occupant the title to the real estate. In such ...
-Sec.72. Adverse Possession By One Cotenant Against Another
Frequently questions involving the adverse possession of real estate by one cotenant against another are presented to the legal profession. When the ancestor dies leaving several heirs-at-law, they be...
-Sec. 73. Adverse Possession Vendee Against Vendor
Under the former rule in force a vendee could not acquire property adversely against the vendor, the court in one case stating,38 Such holding and occupancy could not in a hundred years ripen into an...
-Sec. 74. Adverse Possession Of Vacant, Wild And Unoccupied Land
The subject of adverse possession as applied to wild, vacant and unoccupied land is more difficult than as applied to occupied and improved lands. But the difference is in the nature of the acts requi...
-Adverse Possession Of Vacant, Wild And Unoccupied Land. Part 2
Title cannot be acquired by adverse possession to land which is in a wild state, vacant and unoccupied, and on which no apparent acts of ownership have been performed. Haas v. Wilson, 154 Pac. 1018,...
-Adverse Possession Of Vacant, Wild And Unoccupied Land. Part 3
Actual inclosure is not necessary to constitute adverse possession. Any occupation, visible and notorious, of which the property is susceptible, and which includes the true owner is sufficient. Holt...
-Sec. 75. Adverse Possession Against The State
The statute of limitations runs against the state the same as it does against an individual, the statute providing:55 No suit for the recovery of land shall be commenced by or in behalf of the people...
-Sec. 76. Tacking Successive Possessions
Where the possessions of successive adverse cocupants hold continuously for successive periods of adverse occupation, their holdings may be tacked to each other when each occupant takes under the next...
-Sec. 77. Titles Held To Be Defective-Michigan Decisions
Where the record shows that the title to real estate is based upon the foreclosure of a mortgage by advertisement, and the record does not show that such mortgage contains a power of sale, the title i...
-Titles Held To Be Defective-Michigan Decisions. Continued
Sorge v. Dickie, 199 Mich. 251. The abstract showed a previous bill for specific performance brought by another party which was then pending. Such an abstract fails to show a merchantable title in the...
-Sec.78. Defective Titles-Decisions From Other States
In the accompanying note we have collected a large number of cases giving a brief abstract of those decisions from various states wherein the titles have been held to be defective.101 101. Hedderly...
-Defective Titles-Decisions From Other States. Part 2
Williams v. Bricker, et al., 83 Kan. 53, 109 Pac. 998, 30 L. R. A. (N. S.) 343. A will provided that a life estate should be given to testator's wife, and the remainder to the four children, providing...
-Defective Titles-Decisions From Other States. Part 3
The court points out here that in a court of equity for the specific performance of this contract that the title might be held to be unmarketable, but as the Court of Law and Court of Equity in New Je...
-Defective Titles-Decisions From Other States. Part 4
Cummings v. Dolan, 52 Wash. 496, 100 Pac. 989, 132 A. S. R. 986. The abstract showed that two mortgages existed against the title, which were an apparent cloud upon the same. The vendee refused to acc...
-Defective Titles-Decisions From Other States. Part 5
A person who in good faith, bids upon real property at a judicial sale where the particular interest offered is not expressly offered, has a right to assume that he is to receive a conveyance of the f...
-Chapter VI. Remedying Defects In The Title The Action To Quiet Title
Sec. 79. Quieting the Title. Sec. 80. Equity Pleading and Practice-Modern Changes. Sec. 81. Bill of Complaint-Statutory Provisions. Sec. 82. Quieting the Title-Outstanding Tax Titles. Sec....
-Sec. 79. Quieting The Title
An action to quiet title is the appropriate remedy to remove clouds on the title to real estate, to set aside and cancel deeds or other instruments of record which encumber or cloud the title; in shor...
-Sec. 80. Equity Pleading And Practice-Modern Changes
The equity pleadings incorporated in this treatise have been studiously made as brief as possible to conform to the letter and spirit of the Judicature Act and of the Rules of the Supreme Court promul...
-Sec. 81. Bill Of Complaint-Statutory Provisions
Whenever defendants are named in any suit or proceeding as the unknown heirs, devisees, legatees, and assigns of any person, or are included in any class of unnamed persons, the bill of complaint or p...
-Sec. 82. Quieting The Title-Outstanding Tax Titles
A fruitful source of defects in real estate titles are outstanding tax deeds and certificates. Unless there has been irregularities in the tax sale or in levying the tax relied upon by the plaintiff t...
-Sec. 83. Statutory Provisions-Parties Unknown Defendants
-In all suits and proceedings in chancery, if there be any person interested in the same or in the subject matter involved therein, or whose name appears in the records of any public office as having ...
-Sec. 84. Substituted Service-Unknown Defendants Appointing Guardian Ad Litem
All subsequent proceedings including publication of said order shall be taken in the same manner and with like effect as though all defendants were named therein by their proper names, and as to unnam...
-Sec. 85. Parties Not To Be Joined As Unknown Defendants Unless Fifteen Years Have Elapsed
Whenever suit is brought under the provisions of sections twenty to twenty-seven, inclusive, of this chapter to quiet the title to real estate, no one whose actual or possible title, claim, or lien, i...
-Sec. 86. The Action To Quiet Title-Miscellaneous Michigan Decisions
Where a vendee, after the forfeiture of a land contract, encumbers the record with a quit-claim deed to third parties, a suit to quiet the title will lie.26 Also quieting the title is the appropriate ...
-Sec. 87. Bill Of Complaint To Quiet Title Because Of Outstanding Tax Titles, Misdescription Of The Premises, Failure To State The Marital Status Of Certain Grantors, Containing Averments Necessary In The Case Of Unknown Heirs, Legatees And Devisees
(Caption, Address and Introduction.) The plaintiff herein (here insert the name of plaintiff), complains of the defendants herein (here insert the name of defendants), and for a cause of action all...
-Sec. 88. Decree Quieting Title Because Of Outstanding Tax Titles, Misdescriptions Of The Premises, Failure To State The Marital Status Of Certain Grantors
(Caption. Usual recital of time and place of court.) This cause having come on to be heard upon the bill of complaint taken as confessed in said cause, and the court having heard the evidence for the ...
-Sec. 89. Decree To Quiet Title-Cancel Land Contract
(Caption. Recital of time and place of court.) This cause having come on to be heard on the pleadings therein and the proofs taken in said cause and having been argued by counsel for respective par...
-Sec. 90. Effect Of Decree
On the hearing of any such suit or proceeding, if the allegations of the bill or petition are proven to the satisfaction of the court, and if it shall appear that the claims or possible rights of the ...
-Sec. 91. Bill Of Complaint To Cancel Land Contract After Forfeiture
(Address and introduction.) 1. That plaintiff is the owner in his own right and fee simple to the following described real estate, to-wit: (here insert complete legal description), and has been the...
-Sec. 92. Bill Of Complaint Form To Quiet Title-Cloud Created By Quit-Claim Deed By Vendee
The following is a form of a bill of complaint to quiet the title to real estate where the vendor has forfeited a land contract and repossessed himself of the premises, the cloud on the title consisti...
-Sec. 93. Bill Of Complaint To Quiet Title To An Easement
The following form of bill of complaint may be used to quiet the title to an easement consisting of the right to overflow certain lands for the purposes of a mill dam. State of Michigan, in the Cir...
-Sec. 94. The Pleadings And Briefs Used In Late Michigan Cases In Actions To Quiet Title
SECURITY INVESTMENT CO. v. MEISTER, 214 Mich., 337. (a) Brief Statement of Fact. (b) Bill of Complaint. (c) Exhibit 2, The Contract Relied Upon. (d) Answer and Cross-Bill. (e) Decree....
-Pleadings And Briefs Used In Michigan Cases In Actions To Quiet Title. Part 2
9. That in said proceedings, said Saul H. Meister, appeared in person and with his attorney, one Simeon Cugell. That said Cugell in behalf of said Meister prevailed upon the attorney for this plaintif...
-Pleadings And Briefs Used In Michigan Cases In Actions To Quiet Title. Part 3
14. That on the same day that said first quit-claim deed was recorded several other like quit-claim deeds from said Meister to said Lefton were made, none of them bearing any revenue stamps, of variou...
-Pleadings And Briefs Used In Michigan Cases In Actions To Quiet Title. Part 4
For the sum of Eight Hundred ($800.00) Dollars, which the said party of the second part agrees to pay to the said parties of the first part as follows: Eighty ($80.00) dollars, at the date hereof, and...
-Pleadings And Briefs Used In Michigan Cases In Actions To Quiet Title. Part 5
Moore & Veale Real Estate Corporation. (Signed) By S. J. Moore, Secretary and Treasurer. (The vendee in the above contract, Thomas B. Townsend, assigned his interest to Saul H. Meister on Jan. 2...
-Pleadings And Briefs Used In Michigan Cases In Actions To Quiet Title. Part 6
2. That the court require plaintiff on receiving payment of such sum to reinstate said contracts in full force and effect, to receive the payments therafter falling due and to convey to defendants or ...
-Pleadings And Briefs Used In Michigan Cases In Actions To Quiet Title. Part 7
3. Contract dated October 19, 1915, made and executed by and between Moore & Veale Real Estate Corporation, as first party, and Thomas B. Townsend as second party, and wherein Thomas B. Townsend and M...
-Pleadings And Briefs Used In Michigan Cases In Actions To Quiet Title. Part 8
That equity courts have jurisdiction to relieve from forfeitures, direct accounting and grant specific performance where equitable grounds to those ends are properly charged, and satisfactorily prove...
-Pleadings And Briefs Used In Michigan Cases In Actions To Quiet Title. Part 9
The Byron Mill Property, so-called. Beginning at a point on the west side line of Saginaw Street in the Village of Byron, said point lying seventy-five links southerly from the southeast corner of lot...
-Pleadings And Briefs Used In Michigan Cases In Actions To Quiet Title. Part 10
Also one-half of other piece of land described as follows: Beginning at a point lying on the northeasterly side line of highway one chain and eighty links southerly from the intersection of said north...
-Pleadings And Briefs Used In Michigan Cases In Actions To Quiet Title. Part 11
10. Your orator further represents that the mill pond, so-called, which covers a large portion of the land described in praagraph one, and together with the mill race covers all of the second descript...
-Pleadings And Briefs Used In Michigan Cases In Actions To Quiet Title. Part 12
14. Your orator further represents that the unknown heirs, devisees, legatees, personal representatives and assigns of the parties referred to in the preceding paragraph are included as defendants her...
-Pleadings And Briefs Used In Michigan Cases In Actions To Quiet Title. Part 13
5. These defendants further answering show to the court that for many years the mill at Byron had become out of repair and was not operated as a mill; that later, to-wit, twenty years ago, the mill wa...
-Pleadings And Briefs Used In Michigan Cases In Actions To Quiet Title. Part 14
13. And the defendants Herman Meier and Carrie Meier also answering said bill of complaint show to the court that they and their relatives and grantors have had a deed of the property which they now o...
-Pleadings And Briefs Used In Michigan Cases In Actions To Quiet Title. Part 15
4. These defendants, further answering, admit that many years ago, the exact time they cannot state, plaintiff's grantors had a grist mill on the bank of the Shiawassee River on that part of section 2...
-Pleadings And Briefs Used In Michigan Cases In Actions To Quiet Title. Part 16
Attorney for Defendants. (f) Answer of Defendants Frank E. Tower, et al.- (Caption.) The answer of defendants Frank E. Tower, Mamie L. Tower, William Betterly and the Township of Burns. These de...
-Pleadings And Briefs Used In Michigan Cases In Actions To Quiet Title. Part 17
It is further ordered, adjudged and decreed that the plaintiff has a right of flowage and the right to flow the lands hereinafter described, as an appurtenance to his mill property, upon the premises ...
-Pleadings And Briefs Used In Michigan Cases In Actions To Quiet Title. Part 18
(i) Authorities Cited by Defendants. Brief for Defendants.-In Michigan the common law prevails and the rule is sustained by an unbroken line of authorities that a grant of land bounded by a stream, wh...
-Chapter VII. Specific Performance Of Land Contract. Relief, When Granted-When Denied. General Principles
Sec. 95. The Remedy Discretionary. Sec. 96. Specific Performance General Principles. Sec. 97. Application of the Remedy. Sec. 98. Same Subject-Continued. Sec. 99. Specific Performance of a...
-Sec. 95. The Remedy Discretionary
Specific performance of land contracts is not a remedy of right, but rests in the discretion of the court, but such discretion is a judicial one and cannot be exercised arbitrarily or captiously and m...
-Sec. 96. Specific Performance General Principles
Specific performance is the common equitable remedy for the enforcement of contracts for the sale of real estate. While in other classes of contracts the remedy of specific performance is based upon t...
-Sec. 97. Applications Of The Remedy
Specific performance may be invoked against the vendor by the vendee as well as by the vendee against the vendor.12 For the mutual exchange of lands, where the deeds were executed and placed in escrow...
-Sec. 99. Specific Performance Of An Agreement To Execute A Land Contract
Where the parties enter into a preliminary agreement to execute a land contract at some subsequent time, 21. Ogooshevitz v. Wangas, 203 Mich. 666; Anderson v. Kennedy, 51 Mich. 467. 22. Loveridg...
-Sec. 100. Pre-Dated Agreements Executed On Sunday
Occasionally preliminary agreements for the sale of land contracts are executed on Sunday and dated some other day, the parties in such case being under the impression that changing the date cures the...
-Sec. 101. Intoxication As Grounds For Refusal Specific Performance Of Contracts
It is a fundamental of the law that before there can be a valid contract there must be a meeting of the minds of the parties to such contract, therefore, if the defendant at the time of the execution ...
-Sec. 102. Relief Where Wife Fails To Join In Contract
Where the wife fails to join in the execution of the land contract with her husband, specific performance cannot be compelled as to her dower interest, and she is not even a proper party defendant.37 ...
-Sec. 103. Relief Refused Even If Facts Would Not Warrant Rescission
The remedy of specific performance being a remedy of grace and not of strict legal right, is frequently denied, where the evidence for the defendant is not such as would warrant a rescission of the co...
-Sec. 105. Inadequacy Of Consideration Grounds For Denial Of Relief
It is a general principle of equity that mere inadequacy of consideration alone and without other facts and circumstances present will not warrant the court in refusing specific performance; an examin...
-Sec. 106. No Relief If Contract Is Unfair, Harsh, Oppressive Or Inequitable
When the plaintiff obtains the contract under such conditions that equity regards the contract unfair and its enforcement a hardship specific performance will be denied,47 and it matters not that plai...
-Sec. 107. Where Non-Enforceable Agreement Performed By Plaintiff
In a large number of cases a court of equity will lays in payment, the sellers are ignorant people of foreign extraction. 48. Tildersley v. Clarkson, 30 Beav. 419; Marks v. Gates, 154 Fed. 481, 12 ...
-Sec. 108. Specific Performance Of Option Contracts
Where an option contract is unambiguous in its terms, is free from mistake, fraud or misrepresentation, and is free from unfairness, overreaching or deception, a court of equity will specifically enfo...
-Sec. 109. No Relief When Performance Would Be Nugatory Or Decree Impossible To Enforce
A court of equity will not decree specific performance, where either by want of appropriate means and instrumentalities, while pursuing its ordinary modes of administering justice, it will be unable t...
-Sec. 110. What Mistakes Warrant Denial Of Specific Performance
We are not here concerned with mutual mistakes of fact and of law affordnig the parties the remedies of rescission or reformation as mistakes sufficient to obtain either rescission or cancellation in ...
-Sec. 112. Mutuality Of The Remedy-Exceptions
A contract to be specifically enforced by the courts must as a general rule, be mutual. That is to say, it must be such a contract that each can enforce the same against the other. If by reason of the...
-Sec. 113. Relief Granted, Illustrative Cases
The following are illustrative cases where the relief of specific performance has been granted by the Michigan Courts: On a bill by the vendee for the specific performance of a land contract where ...
-Sec. 114. Illustrative Cases, Relief Denied
Where the plaintiff has not fully performed the contract on his part, and the nature thereof is such that the court cannot compel performance by the plaintiff, it will refuse to decree specific perfor...
-Chapter VIII. Specific Performance Parties To The Action-Miscellaneous-Forms-Bills Of Complaint-Decrees
Sec. 115. Parties to the Action. Sec. 116. Specific Performance Substituted Service. Sec. 117. Grantee of Vendor as Defendant. Sec. 118. Specific Performance Vendor Against Assignee of Vendee...
-Sec. 115. Parties To The Action
As a general rule the only necessary parties to an action for specific performance are the parties to the original contract and their assignees.1 1. Russell v. Nester, 46 Mich. 291; Story Equity...
-Sec.116. Specific Performance Substituted Service
The remedy of specific performance may be invoked even though the defendant is non-resident of the state and beyond the jurisdiction of the court. Our statute provides a method of substituted service ...
-Sec. 117. Grantee Of Vendor As Defendant
If the grantee of the vendor takes the title from the vendor for value without knowledge of the prior contract he can retain it and the vendee has no remedy against him,14 but would, of course, have h...
-Sec. 118. Specific Performance Vendor Against Assignee Of Vendee
While the grantee of the vendee of a land contract may enforce specific performance against the grantee of the vendor, such grantee of the vendor cannot enforce specific performance against the vendee...
-Sec. 120. Evidence - Practice - Miscellaneous Decisions. -
Where the bill of complaint and the memorandum of the sale describes the property by street number, it is permissible to insert the correct legal description in the final decree.23 Where the wife brou...
-Sec. 121. Specific Performance - Illustrative Cases -Relief Granted
We have included in the note to this section a brief digest of the late Michigan cases from Volume 189 to 213, inclusive, where the relief by way of specific performance has been granted.33 28. Bra...
-Sec. 122. Specific Performance - Illustrative Cases - Relief Denied
We have included in the note to this section a brief digest of the late Michigan cases from Volumes 189 to 213, inclusive, where the relief by way of specific performance has been denied.34 eion of th...
-Sec. 123. Specific Performance-Bill Of Complaint Agreement In Writing
(Address and Introduction.) 1. That on or about the....................day of...................., 19......, this plaintiff and A. B. entered into a certain contract in writing for the sale by the ...
-Sec. 124. Decree For Specific Performance Of Written Contract
(Caption.) At a session of said court held in the courthouse at the City of...................., State of Michigan. Present the Honorable............................................................
-Sec. 125. Specific Performance - Bill Of Complaint - Verbal Agreement
(Address and Introduction.) 1. That on or about the....................day of.................... one A. B. was the owner in fee simple of all that (here describe the land), and being such owner...
-Sec. 126. Specific Performance-Bill Of Complaint By Vendee Against Administrator And Heirs Of Vendor
(Address and Introduction.) 1. That on or about the....................day of....................19....., this plaintiff entered into a written contract during the lifetime of one A. B., then being...
-Sec. 127. Bill Of Complaint-Vendor Against Vendee
(Address.) (Introduction.) I. That the plaintiff, A. B., is the owner in fee simple in his own right of the following described real estate, to-wit: (Here described premises) did on the...............
-Sec. 128. Status Of Unfulfilled Land Contracts In Case Of Death Of One Of The Contracting Parties
When a person who has entered into a contract to sell real estate and thereafter dies or whenever a person who has entered into such a contract shall be adjudged insane, incompetent or a spendthrift, ...
-Sec. 129. Specific Performance In The Probate Court
A recent statute of this state provides that in case of the death of the vendor of a land contract, his administrator, executor or trustee under the will, shall have full authority to convey such land...
-Sec. 130. The Petition
On the presentation of a petition by any person claiming to be entitled to such conveyance from an executor or administrator or a petition of such executor or administrator, setting forth the facts up...
-Sec. 131. The Hearing
At the time and place appointed for such hearing or at such time as the same may be adjourned to, upon proof by affidavit of the due publication of the notice, the court shall proceed to a hearing and...
-Sec. 135. Specific Performance By Guardians Of Incompetents And Spendthrifts
When any person who is bound by contract in writing to convey real estate, shall subsequently become insane, incompetent or a spendthrift, and a guardian shall have been duly appointed for such perso...
-Sec. 137. Form Of Petition For Specific Performance
STATE OF MICHIGAN THE PROBATE COURT FOR THE COUNTY OF.................... To the Probate Court for said County: In the Matter of the Estate of.......................................................
-Sec. 138. Form Of Order For Publication
STATE OF MICHIGAN THE PROBATE COURT FOR THE COUNTY OF...................... At a session of said court, held at the probate office in the ....................of....................in said county...
-Sec. 139. Form Of Proof Of Service
STATE OF MICHIGAN THE PROBATE COURT FOR THE COUNTY OF...................... In the Matter of the Estate of.................................................... County of.............................
-Sec. 141. Form Of Order For Specific Performance Of Land Contract
STATE OF MICHIGAN THE PROBATE COURT FOR THE COUNTY OF...................... At a session of said court, held at the probate office in the ....................of....................in said county...
-Sec. 142. Deed Where Executor Or Administrator Conveys Pursuant To Land Contract Under P. A. 396, 1919
This Indenture, Made this....................day of...................., A. D. 19___, by and between................................administrator of the estate of. ................................,...
-Sec. 143. Pleadings And Briefs Used In Late Michigan Cases Involving Specific Performance
Continued. BIRNEY v. READY, 216 Mich., page 7- (a) Statement of Fact. (b) Bill of Complaint. (c) Answer and Cross-Bill. (d) Brief for Plaintiff. (e) Brief for Defendant. (f) Holdi...
-Pleadings And Briefs Used In Michigan Cases Involving Specific Performance. Part 2
Said second parties also agree to pay all bills for gas and electricity used In said hotel. And also that said second parties shall and will keep the buildings erected and to be erected upon the la...
-Pleadings, Briefs Used In Michigan Cases Involving Specific Performance. Part 3
VII. That in addition to making the payments aforesaid these plaintiffs paid the interest monthly while the Claflins were the owners of said lands and thereafter paid the interest monthly to the said ...
-Pleadings, Briefs Used In Michigan Cases Involving Specific Performance. Part 4
V. The defendants admit that on the 10th day of May, 1919, that F. S. Claflin and Ella M. Claflin conveyed all their right, title and interest in and to said property described in the second paragraph...
-Pleadings, Briefs Used In Michigan Cases Involving Specific Performance. Part 5
XI. Answering the plaintiffs' eleventh paragraph of their bill of complaint, the defendants say they neither deny nor admit the facts set forth therein, except this, that there is no sum due the defen...
-Pleadings, Briefs Used In Michigan Cases Involving Specific Performance. Part 6
(3) The defendant, T. Williard Ready, further shows that immediately after the entering into of said contract wherein the defendant purchased plaintiffs' interest, that an oral understanding and agree...
-Pleadings, Briefs Used In Michigan Cases Involving Specific Performance. Part 7
In Rust v. Conrad, 47 Mich. 454, this court said: When a party comes into equity it should be very plain that his claim is an equitable one. If the contract is unequal, if he has bought land at a pri...
-Pleadings, Briefs Used In Michigan Cases Involving Specific Performance. Part 8
VI. That pursuant to the oral agreement as above, as embodied in the written instrument bearing date the 7th day of April, 1919, plaintiff did on the 5th day of June, 1919, notify the said defendant, ...
-Pleadings, Briefs Used In Michigan Cases Involving Specific Performance. Part 9
3. That the said defendant, William C. Munson, may be restrained by the temporary injunction of this court from selling, assigning, mortgaging encumbering, conveying, transferring or disposing of in a...
-Pleadings, Briefs Used In Michigan Cases Involving Specific Performance. Part 10
Said party of the second part further covenents that he will not assign nor transfer this lease, or sub-let said premises, or any part thereof, without the written assent of said party of the first pa...
-Pleadings, Briefs Used In Michigan Cases Involving Specific Performance. Part 11
10. That the value of said property has been and is now rapidly increasing and promises to continue to do so and there is no other property similarly situated that can be secured by said intervenors. ...
-Pleadings, Briefs Used In Michigan Cases Involving Specific Performance. Part 12
7. Defendant says, that in January, 1919, he orally rented to said Lyle the property described in said bill of complaint, and that on Sunday, the 6th day of April, 1919, he executed with said Lyle the...
-Pleadings, Briefs Used In Michigan Cases Involving Specific Performance. Part 13
The court has had the advantage of seeing the witnesses upon the stand with reference to this matter, and has no hesitancy in arriving at the conclusion of fact which it does upon this particular matt...
-Pleadings, Briefs Used In Michigan Cases Involving Specific Performance. Part 14
I. That the lease or agreement in writing, bearing date the 7th day of April, 1919, marked Exhibit A in said plaintiff's bill of complaint, was made and executed by the parties thereto on Sunday, th...
-Chapter IX. Forfeiture Of Land Contracts Possessory Proceedings By Vendor
Sec. 144. Remedies Available To The Vendor Upon Breach Of The Contract By Vendee.-General Consideration. Sec. 145. Michigan Doctrine Of Forfeiture Generally. Sec. 146. Forfeiture of Land Contract in C...
-Sec. 144. Remedies Available To The Vendor Upon Breach Of The Contract By Vendee-General Consideration
Land contracts in general use in Michigan usually contain a provision that upon a breach of any of the terms and conditions thereof on the part of the vendee, the vendor shall have the right to declar...
-Sec. 145. Michigan Doctrine Of Forfeiture-Generally
Legally defined, a forfeiture is a loss suffered by way of penalty for some misconduct or negligence. The term, as used here, denotes the divesture of property without compensation to the owner in con...
-Sec. 146. Forfeiture Of Land Contract In Case Of Death Of One Of Contracting Parties
It is provided by recent statute that where a person shall have contracted to convey real estate, and shall have died subsequent to the execution of such contract, leaving such contract subsisting and...
-Sec. 147. First Step In Effecting Forfeiture Of Contract
The first step, unless the contract waives notice of forfeiture, in effecting a forfeiture of a land contract for a material breach thereof is a service upon the vendee of a notice that the vendor ele...
-Sec. 149. Notice Of Forfeiture-Forms
The notice of forfeiture should describe the contract briefly, giving the date, name of the parties, the description of the real estate, and should specify the particular default in the contract for w...
-Sec. 150. Waiver Of Forfeiture On Default In The Contract
If the vendor, even after declaring a forfeiture of the contract, pursues a course of conduct inconsistent with a severance of contractual relations with the vendee, he thereby waives such forfeiture ...
-Sec. 151. Courses Open To Vendor After Forfeiture
Upon the execution and service of a notice of forfeiture upon the vendee, the following courses are open to the vendor: 1. He may demand and receive from the vendee a voluntary surrender of possess...
-Sec. 152. Action In Ejectment By Vendor
Proceedings in ejectment in the State of Michigan are wholly statutory,34 and 31. Lambton Investment Co. v. Adams, 132 Mich. 350. Old Second National Bank v. Sav. Bk., 115. 548; Curry v. Curry, 213...
-Sec. 153. Vendor's Action In Ejectment-The Declaration
1. The statute provides that it shall be sufficient for the plaintiff to aver in his declaration that on some day, therein to be specified and which shall be after his title or right accrued, he, the ...
-Sec. 154. Ejectment Declaration Form.51
The plaintiff says: 1. That on...................., 19......, the plaintiff was possessed of the following premises: (here describe them), which he claims in fee (or for his life, or as the case m...
-Sec. 155. Vendee Estopped To Deny Vendor's Title
Where the vendee has been put into possession of the land by the vendor and continues to retain that possession from the vendor, he is estopped from setting up in his defense, in contesting any action...
-Sec. 156. Actions In Ejectment By Vendor Or Vendee Against Third Persons
It is provided by statute 56 that no person can recover real estate in an action of ejectment unless he has the right to recover the possession thereof at the time of the trial. Under the decisions wh...
-Sec. 157. Summary Proceedings By Vendor For Possession
It is provided by statute that when any person holds real estate contrary to the provisions of any executory contract for the purchase thereof, the person entitled to possession may make complaint in ...
-Sec. 158. Form Of Complaint In Summary Proceedings
The following is a form of complaint in common use in summary proceedings for the possession of real estate. 57. Kuite v. Lage, 152 Mich. 638-639. This case holds that the vendee under an executory...
-Sec. 160. Incidents In Relation To Summary Proceedings
Where the defendant enters a plea of not guilty, such plea 59. Compiled Laws, Sec. 13244. waives irregularities in the summons and venire.60 The circuit court commissioner is not obliged to wai...
-Sec. 161. Substituted Service
By statute 66 it is provided that if the defendant cannot be found, service of summons may be made by leaving such copy at the usual place of abode of such defendant in the presence of some person of ...
-Sec. 162. Steps On Appeal From Circuit Court Commissioner
Either party conceiving himself aggrieved by the determination or judgment of the Circuit Court Commissioner in a summary proceeding to recover the possession of land where the defendant holds the sam...
-Sec. 163. Form Of Affidavit On Appeal
The affidavit of appeal should contain the following essential averments: 1. It should name the commissioner before whom the proceedings were had. 2. It should name the parties, the date of the ...
-Sec. 164. Bond On Appeal
The statute provides that in addition to the usual conditions of an appeal bond, it must contain a further condition, that if the plaintiff obtains restitution of the premiums in the suit, the defenda...
-Sec. 165. Return On Appeal
It is the duty of the commissioner after having prepared the return on appeal, to duly file the same with the Clerk of the Circuit Court, and when such return has been filed, the Circuit Court shall b...
-Sec. 166. Effect Of Final Judgment In Possessory Proceedings
-Where the vendor elects to pursue his remedy before a Circuit Court Commissioner for possession of the property, and the vendee fails to pay the amount found to be due on the contract by the commissi...
-Sec. 167. Effect Of Registration Of Writ Of Restitution
Where the vendee under a land contract places the same on record and fails to abide by the terms and conditions of the contract, the vendor, after a forfeiture under the statute, is permitted to place...
-Sec. 168. Proceedings To Have Forfeiture Decreed
A court of equity abhors forfeitures and will on some occasions relieve from them.90 Where a forfeiture has been legally effected it is possible for a party to go into a court of equity and by appr...
-Sec. 169. Bill Of Complaint-Form To Have Forfeiture Legally Established
STATE OF MICHIGAN In the Circuit Court for the County of.................... In Chancery John Doe, Plaintiff, vs. Richard Roe, Defendant, To the Circuit Court for the County of............
-Sec. 170. Decree, Form Of Declaring Forfeiture Effected
STATE OF MICHIGAN In the Circuit Court for the County of ................ In Chancery John Doe, \ Plaintiff, vs. Richard Roe, Defendant., At a session of said court held in the court house...
-Chapter X. Forfeiture When Sustained, When Relief From Granted Illustrative Cases, Pleading, Practice And Forms
Sec. 171. Relief From Forfeiture, When Granted -General Principles. Sec. 172. Forfeiture of Contract for Violation of Nonassignment Clause. Sec. 173. Same Subject Continued. Sec. 174. Forfeit...
-Sec. 171. Relief From Forfeiture, When Granted-General Principles
It is difficult to formulate any hard and fast rules which control courts of equity in granting relief from forfeiture in land contract cases, as the courts do not seem to be moved so much by any gene...
-Sec. 172. Forfeiture Of Contract For Violation Of Nonassign-Ment Clause
Land contracts in general use throughout the state usually contain a provision that the vendee shall not assign the contract without the written consent of the vendor endorsed upon the contract. In so...
-Forfeiture Of Contract For Violation Of Nonassign-Ment Clause. Part 2
Clauses against the assignment of land contracts will be strictly construed and subletting the premises does not constitute such an assignment. Joy v. Stevenson, 128 Pac. 751; Am. & Eng. Enc. Law, 2d ...
-Forfeiture Of Contract For Violation Of Nonassign-Ment Clause. Part 3
It has been held that an assignment as collateral security of a contract for the sale of land, by the vendee, does not violate a stipulation in the contract prohibiting assignment. Badger Lbr. Co. v. ...
-Sec. 173. Same Subject Continued
Those courts which have sustained the validity of these nonassignment clauses have usually based their decisions upon one or more of the following reasons: 1. That the parties to a contract have th...
-Sec. 174. Forfeiture Not Sustained, Illustrative Cases
Case of Lozon v. McKay, 203 Mich. 365. Plaintiff and defendant in this case entered into a land contract whereby the plaintiff agreed to purchase said real estate for the sum of $1850.00, payable $...
-Sec. 175. Relief From Forfeiture Granted, Illustrative Cases
Bugaski v. Siwka, 200 Mich. 415. The plaintiff brought this action to recover damages from the breach of a land contract. Plaintiff was vendee in a contract executed with defendant; as vendee he ma...
-Sec. 176. Examples Of Relief From Forfeiture Granted
McDonald v. Andrews, 199 Mich. 161. Plaintiff brought a bill for the specific performance of a land contract. The contract was a lease with an option to purchase and plaintiff exercised the option and...
-Sec. 177. Relief From Forfeiture Granted, Illustrative Cases
Hickman v. Chaney, 155 Mich. 217. Plaintiff is assignee under a land contract and brings this bill to enforce specific performance of the contract. Assignor of plaintiff was in default at the time ...
-Sec. 178. Relief From Forfeiture Granted, Illustrative Cases
Robinson v. Traufant, 97 Mich. 410. Plaintiff was vendee under an executory land contract and brings this bill to compel specific performance. Defendant alleged that payments were not kept up on th...
-Sec. 179. Forfeiture Sustained, Illustrative Cases
Murphy v. Mclntyre, 152 Mich. 591. Defendant failed to make the payments as they became due upon an executory contract entered into with the plaintiff. Upon such default being made plaintiff notified ...
-Sec.180. Forfeiture Sustained, Illustrative Cases
Welling v. Strickland, 161 Mich. 235. Plaintiff brought a bill praying for the specific performance of a land contract. Plaintiff was vendee under the contract and according to the terms thereof the v...
-Sec. 181. Forfeiture Sustained, Illustrative Cases
Tower v. Detroit Trust Co., 190 Mich. 670. The plaintiff petitioned the court to cancel a certain land contract made between himself and the Chippewa Construction Co., the defendant in this case being...
-Sec. 182. Forfeiture Sustained, Illustrative Cases
Satterlee v. Cronkhite, 114 Mich. 634. The plaintiff here was the vendee in a land contract and is suing to recover from the defendant who was the vendor, the amount she had paid on the contract of pu...
-Sec. 183. Relief From Forfeiture, Necessity Of Tender
A party seeking relief against forfeiture should tender sufficient to make the other party whole. If he does not make this tender before filing the bill of complaint he should at least make the tender...
-Sec. 185. Relief From Forfeiture-Bill Of Complaint, Form Of -Including Averments For Specific Performance And Injunctive Relief
Usually a vendee in filing an action to obtain relief from forfeiture of a land contract requires injunctive relief to prevent the defendant from dispossessing him during the pendency of the equity ac...
-Sec. 185a. Pleadings And Briefs Used In Late Michigan Cases Involving Relief From Forfeiture-Specific Performance
Continued. LOZON v. McKAY, 203 Mich. 364. (a) Statement of Fact. (b) Bill of Complaint. (c) Defendant's Answer. (d) Brief for Plaintiff. (e) Brief for Defendant. (f) Holding of Co...
-Pleadings And Briefs Used In Late Michigan Cases Involving Relief From Forfeiture-Specific Performance. Part 2
II. The plaintiffs further show to the court that directly following the signing of the said contract in duplicate, they paid to the said parties of the first part thereto ten hundred and fifty ($1050...
-Pleadings, Briefs in Cases of Relief From Forfeiture Performance. Part 3
3. And that the said James McKay may come to an account with these plaintiffs touching the amount due and owing by these plaintiffs to him as its owner in fee of the said land, on the said agreement t...
-Pleadings, Briefs in Cases of Relief From Forfeiture Performance. Part 4
Whereas, The said parties of the first part in said land contract named, conveyed all their right, title and interest in and to said described lands on the twenty-eighth day of July, A. D. 1914, and t...
-Pleadings, Briefs in Cases of Relief From Forfeiture Performance. Part 5
That subsequent thereto and on or about the fourth day of August, A. D. 1916, this defendant caused to be served upon the said plaintiffs and upon the occupants of said lands a notice declaring a forf...
-Pleadings, Briefs in Cases of Relief From Forfeiture Performance. Part 6
(c) And that the record of said land contract that may remain in the office of the register of deeds for the County of Ogemaw be discharged and decreed to be null and void. (d) And that this defend...
-Pleadings, Briefs in Cases of Relief From Forfeiture Performance. Part 7
A few days later, the vendor sold and conveyed said land to one Byers for a valuable consideration, and Byers at once took possession of the property and since lived upon it. The plaintiff after he...
-Pleadings, Briefs in Cases of Relief From Forfeiture Performance. Part 8
VIII. Plaintiff further alleges and expressly charges the truth to be, that the said Louis P. Ohler and Agnes A. Ohler, and the said Francis M. Byers, who claim that they have sold said land, and purc...
-Pleadings, Briefs in Cases of Relief From Forfeiture Performance. Part 9
8. Defendants admit that said Byers purchased said land with knowledge that plaintiff had at one time claimed to have a contract of it, but shows unto the court he was told, when he bought, the contra...
-Pleadings, Briefs in Cases of Relief From Forfeiture Performance. Part 10
Further answering said paragraph, plaintiff says that on the day that he learned the farm had been sold to the defendant, Byers, plaintiff had sent an agent out to said premises to repair the roof of ...
-Pleadings, Briefs in Cases of Relief From Forfeiture Performance. Part 11
Third. The said parties of the first part further covenant and agree that upon the faithful performance, by the said parties of the second part. of the covenants and agreements by them to be performed...
-Pleadings, Briefs in Cases of Relief From Forfeiture Performance. Part 12
Louis P. Ohler, and Agnes A. Ohler, Owners, By Clark H. Gleason, Their Agent and Attorney (h) Decree.-(Caption). At a session of said court held at the court house in the City of Grand Rapids, i...
-Pleadings, Briefs in Cases of Relief From Forfeiture Performance. Part 13
4. The failure to perform within the time fixed will not necessarily forfeit a contract. Relief is not a matter of right. It is granted only if, under all circumstances including the conduct of the pa...
-Pleadings, Briefs in Cases of Relief From Forfeiture Performance. Part 14
Pomeroy's Eq. 745, definition there set out. Authorities Cited by Defendant (j) Brief for Defendant.-1. Specific performance is not a matter of right. It should only be granted when justice dema...
-Chapter XI. Foreclosure Of Vendor's Lien Pleading And Practice
Sec. 186. Foreclosure by Vendor, Nature of Action. Sec. 187. What Actions are Waived by Pursuing Remedy of Foreclosure. Sec. 188. Pursuing Foreclosure and Action at Law for Purchase Price Con cu...
-Sec. 187. What Actions Are Waived By Pursuing Remedy Of Foreclosure
Since the remedy by foreclosure of the vendor's lien, so-called, affirms the existence of the contract and seeks to collect the purchase price by a sale of the vendee's interest in the premises, an ac...
-Sec.189. Foreclosure Of Land Contract -Bill Of Complaint Form
(Title and Introduction.) 1. That on or about the..........................day of.......................... N. E. 513; Delano v. Saylor (Ky.), 113 S. W. 888; Lowe v. Maynard (Ky.) 115 S. W. 214;...
-Sec. 190. Decree Of Foreclosure-Form
(Here insert caption.) At a session of the Circuit Court for the County of.................., in Chancery, held at the Court room in the City of.................... on the......................d...
-Sec. 191. Commissioner's Deed On Foreclosure Sale
THIS INDENTURE made the....................day of...................., A. D. 19......, between....................a Circuit Court Commissioner in and for the county of....................State of M...
-Sec. 193. Affidavit Of Posting Notices Of Sale-Form
State of Michigan, County of.............................. ss. ....................of (here insert name of deponent) of.................... (here state residence) in said County, being first ...
-Sec. 195. Exhibit C-Statement Of Fees And Disbursements By Circuit Court Commissioner On Sale
Disbursements Printer's bill (publication of notice of sale).......................... Printer's bill (publication of notice of adjournment of sale..............
-Sec. 196. Forms Of Receipts From Circuit Court Commissioner
(Caption of Cause.) Received this....................day of...................., A. D. 192......, of....................., the commissioner who made the sale of the premises in said cause,............
-Forms Of Receipts From Circuit Court Commissioner. Part 2
But said Franks is and will be unable to give said Van Doom title to said lot sold to him except it comes from this plaintiff, and this plaintiff is willing to and here offers to convey said lot to sa...
-Forms Of Receipts From Circuit Court Commissioner. Part 3
(g) That your orator may have such other and further relief in the premises as shall be agreeable to equity. And your orator will ever pray, etc. Jamies Bignell, Plaintiff, By Charles E. Soul...
-Forms Of Receipts From Circuit Court Commissioner. Part 4
7. For answer to the allegations in the seventh paragraph of the said bill of complaint, this defendant denies that the plaintiff is entitled to the relief prayed for in paragraph seven of his bill of...
-Forms Of Receipts From Circuit Court Commissioner. Part 5
And this plaintiff will convey the entire land described in the contract to Franks and he can convey his lot to Van Doom, or plaintiff will convey his lot to Van Doom and the balance to Franks, as th...
-Forms Of Receipts From Circuit Court Commissioner. Part 6
(b) That the plaintiff, James Bignell, being decreed to pay the said defendant Franks the sum of $227.87, the said amount being the difference between what Bignell claims is due on said contract and t...
-Forms Of Receipts From Circuit Court Commissioner. Part 7
Franks had not a dollar invested, he bought the entire property from Mrs. Coburn for $6,000.00, had not paid the interest which had accrued for $473.64. He secured the right in the deal to buy the twe...
-Forms Of Receipts From Circuit Court Commissioner. Part 8
He denies it is any concern of Franks what he received for the part, Wallace street, or of the land condemned for De Spelder street, or any other part of the property sold by him, for it was his prope...
-Forms Of Receipts From Circuit Court Commissioner. Part 9
In consideration of the premises, plaintiff Bignell prays that defendant Franks' cross-bill be dismissed and he have decree for the amount due him on foreclosure of the contract in this suit admitted ...
-Forms Of Receipts From Circuit Court Commissioner. Part 10
In Dudgeon v. Haggart, 17 Mich., 279, the court said, citing Adair v. Adair, 5 Mich. 204: These instruments were made by the parties at the same time, and related wholly to the same subject-matter...
-Forms Of Receipts From Circuit Court Commissioner. Part 11
3rd. That the said James C. Walsh and Inez V. Walsh, husband and wife, at the time of the execution and delivery of said deed were the owners in fee simple thereof, they having procured title through ...
-Forms Of Receipts From Circuit Court Commissioner. Part 12
3rd. That your Orator be placed in possession of said premises pursuant to the statute in such case made and provided, and, 4th. That your orator have such other, further or different relief in the...
-Forms Of Receipts From Circuit Court Commissioner. Part 13
8. It is further mutually agreed that second party may take possession of said premises at once and remain thereon as long as they shall perform all the covenants and agreements herein mentioned on th...
-Forms Of Receipts From Circuit Court Commissioner. Part 14
This motion is founded on the facts as herein set forth and on the records and files in this cause. Dated this 5th day of February, A. D. 1916. Seymour H. Person, Attorney for Defendants, (e)...
-Chapter XII. Reformation Of Land Contracts. Pleading And Practice. Late Michigan Cases
Sec. 197. Reformation of Land Contracts. Sec. 198. Illustrative Michigan Decisions. Sec. 199. Mistakes of Law. Sec. 200. Evidence. Sec. 201. Bill of Complaint to Reform a Land Contract-Form. Sec. 2...
-Sec. 198. Illustrative Michigan Decisions - Reformation Of
1. 34 Cyc. p. 910; LaBlanch v. Perron, 209 Mich. 239; Clark v. Johnson, 214 Mich. 578; Murussa v Temerowski, 204 Mich. 271. 2. Pomeroy's Equity Jur. 865. Land Contracts.-Where a scrivener in dra...
-Sec. 199. Reformation Of Land Contracts-Mistakes Of Law
Where an instrument, by reason of a mistake of law, fails to express the contract which the parties actually entered 9. Schuler v. Bomander, 80 Mich. 531; Baylon v. Hanover Fire Insurance Co., 67 M...
-Sec. 201. Bill Of Complaint To Reform A Land Contract
The following is a form of bill of complaint to correct a mistake in the description of the property in a land contract. (Address and Introduction.) 1st. That on or about the.......................
-Sec. 202. Form Of Decree Reforming Land Contract
STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF.................. IN CHANCERY At a session of said Court held in the Court House in the (here insert place) in said county on the.....
-Sec. 203. Pleadings And Briefs Used In Late Michigan Cases Involving Reformation Of Land Contracts
CLARK v. JOHNSON, 214 Mich. 578- (a) Brief Statement of Fact. (b) Bill of Complaint. (c) Answer of Defendants Johnson. (d) Answer and Cross-Bill of Defendants Rogerson. (e) Answer of De...
-Pleadings And Briefs Used In Late Michigan Cases Involving Reformation Of Land Contracts. Part 2
6. That in truth and in fact, the said defendants all knew and have always known, since the assignment of said contract of Abner T. Klees and wife to Walter F. Johnson and wife, what the real intentio...
-Pleadings, Briefs Used In Cases Involving Reformation Of Land Contracts. Part 3
II. These defendants have not sufficient information to admit or deny the allegations of paragraph two, and therefore neither admit nor deny the same, but leave plaintiffs to the proof. III. In ans...
-Pleadings, Briefs Used In Cases Involving Reformation Of Land Contracts. Part 4
Walter F. Johnson Esther R. Johnson. John J. Gafill, Attorney for Walter F. Johnson and Esther R. Johnson, (d) Answer of Gordon Rogerson and Emily Rogerson.-(Caption.) Gordon Rogerson and Emily Rog...
-Pleadings, Briefs Used In Cases Involving Reformation Of Land Contracts. Part 5
Gordon Rogerson, Emily Rogerson, By Carey, Armstrong & Weadock, Their attorneys. (e) Answer of Walter F., and Esther R. Johnson to Cross-Bill of Defendants Rogerson.-(Caption.) Walter F. Johnson...
-Pleadings, Briefs Used In Cases Involving Reformation Of Land Contracts. Part 6
It is therefore evident that this erroneous description was known to both Mr. Clark, Klees and Johnson when the contract of sale was assigned to Mr. Johnson. On the 5th of December, 1917, defendant Jo...
-Pleadings, Briefs Used In Cases Involving Reformation Of Land Contracts. Part 7
It is further ordered, adjudged and decreed that the said plaintiffs recover their taxable costs to be taxed by the clerk of this court against the said defendants Walter F. Johnson and Esther R. John...
-Pleadings, Briefs Used In Cases Involving Reformation Of Land Contracts. Part 8
The northeast quarter and the west half of the southeast quarter, all in section twenty-six, the northwest quarter of the northeast quarter, the south half of the northeast quarter, the south half of ...
-Pleadings, Briefs Used In Cases Involving Reformation Of Land Contracts. Part 9
Wherefore the plaintiff being without remedy in the premises, except in a court of equity, prays: (a) That the said defendants may each be required to make true answers to each and every allegation...
-Pleadings, Briefs Used In Cases Involving Reformation Of Land Contracts. Part 10
It is also agreed, by the parties hereto that if the said parties of the second part shall fail to perform this contract or any part of the same, the said party of the first part shall, immediately af...
-Pleadings, Briefs Used In Cases Involving Reformation Of Land Contracts. Part 11
1. That the defendant Menazip Perron be required to true answer make to the additional matters hereinbefore set forth, but not under oath (the answer under oath being hereby waived). 2. That the co...
-Pleadings, Briefs Used In Cases Involving Reformation Of Land Contracts. Part 12
11. Answering paragraph eleven of the bill of complaint, defendant admits that he has now gone into possession of said lands and is removing the timber therefrom, but insists that he is in the exercis...
-Pleadings, Briefs Used In Cases Involving Reformation Of Land Contracts. Part 13
The plaintiff further answering paragraph ........ of the cross-bill, says that the said Celestine and Elginas Boissonneault at the time of the purchase of said lands did not pay their one-half intere...
-Pleadings, Briefs Used In Cases Involving Reformation Of Land Contracts. Part 14
2. Mortgage: A mortgage is a conveyance of an estate by way of pledge for the security of a debt and becomes void upon payment of it. Goddard v. Coe, 55 Me. 385; Babcock v. Hoey, 11 La. 375. A mort...
-Chapter XIII. Actions For Fraudulent Misrepresentations. Pleadings, Evidence, Miscellaneous, Bills Of Complaint, Pleadings And Briefs Used In Late Michigan Cases
I. False Representations Sec. 204. General Principles. Sec. 205. Materiality of Representations. Sec. 206. Representations as to Matter of Law. Sec. 207. Expressions of Opinion. Sec. 20...
-Sec. 204. Actions For Fraudulent Misrepresentations-I. False Representations-1. General Principles
If a party is deceived or misled into believing that the material facts are different from what they really are, or is led to place his belief in the existence of alleged conditions or circumstances w...
-Sec. 206. Representations As To Matters Of Law
One cannot rescind or withdraw from a contract into which he was induced to enter by representations made to him, however false and fraudulent when such representations related to a matter of law, as ...
-Sec. 208. Promises As To Improvement Or Use Of Real Property
-Where one induced another to sell land to him on the representations that he means to devote it to a certain use, whereas he has the secret intention to put it to an entirely different use, is not re...
-Sec. 209. Representations As To Title, Interest
The vendee in a land contract has the right to rely on the representations made by the vendor concerning the validity, nature, or extent of his title or interest.22 A person making representations as ...
-Sec. 210. Concealment Of Encumbrance
Where the vendor is guilty of false representations regarding the existence of encumbrances on the land, or as to their amount or other material particulars, the vendee has the right to rescind the co...
-Sec.211. Representations As To Quantity, Boundaries, Or Location
An owner of land is presumed to know the nature, situation and extent of his property. Hence, if a vendor of land represents it as containing a greater quantity, it is not regarded as a mere expressio...
-Sec. 212. Representations As To Value
Ordinarily assertions as to value of real property are to be regarded merely as expressions of opinion, but such statements may be so expressed or given under such conditions, as to convert them into ...
-Sec. 213. Representations As To Quality, Condition, And Improvements
A material misrepresentation of fact in regard to the quality, character or condition of land which is the subject of a contract of sale, or in regard to its adaptability to specified uses, or the imp...
-Sec. 214. Remedies For Fraudulent Misrepresentations
(a) Of the Purchaser. 1. Jurisdiction of Equity. Courts of equity have jurisdiction to grant relief by way of rescission or cancellation, aganist contracts or conveyances procured by false represen...
-Sec. 215. Actions At Law
A court of law can award damages for the breach of a contract or for the deceit or fraud by which a party was induced to enter into it, but cannot rescind a con- 61. Louisville Ry. Co. v. Ohio Impr...
-Sec. 216. Time To Rescind
In contracts for the sale or exchange of real property, an unreasonable delay on the part of the injured party to claim and exercise his right of rescission will warrant the imputation of laches and b...
-Sec. 217. Waiver Of Right To Rescind By Acts Or Assertions Of Ownership
One who receives property under a contract and discovers that he has been defrauded by false representations, should thereafter treat the property as a reasonably prudent and careful man is bound to t...
-Sec. 218. Restoration Of Status Quo
When a contract for the sale of land has been consumated by the execution and delivery of a deed to the vendee, and he seeks to rescind the sale, such person must tender, or at least offer to make and...
-Sec. 219. Damages
The measure of damages to which a purchaser is entitled, is, as a general rule, the actual loss or injury sustained by the purchaser as the fair legal and natural result, under all the circumstances, ...
-Sec. 220. Remedies Of The Vendor-In General
The general rules in relation to misrepresentation and fraud are equally applicable in cases where the purchaser is the party guilty of making the false statement, subject to the qualification that th...
-Sec. 225. Non-Disclosure And Concealment
The failure of the purchaser to disclose material facts to the vendor, does not amount to fraud either at law or in equity if relations of special trust and confidence do not exist between the parties...
-Sec. 226. Pleading And Practice-Equity-Requisites Of Bill Of Complaint
A bill in equity for the rescission of a contract should set forth with certainty and particularity the facts constituting the ground upon which rescission is demanded.108 The bill should allege the s...
-Sec. 227. Allegations Of Fraud Or False Representations
It is not sufficient to charge fraud in general terms, but the specific misrepresentations must be set forth, and these must be stated distinctly and positively and not indirectly or by way of inferen...
-Sec. 228. Describing Instrument
The bill should set out the agreement, state the time, place, and circumstances of its execution and delivery, and allege the parties thereto. It was the old practice to incorporate the contract or de...
-Sec. 229. Showing Promptness And Diligence
The bill is generally held to be insufficient unless it contains an allegation showing when the plaintiff claims to have discovered the fraud 114. Aldrich v. Schribner, 146 Mich. 609. 115. Morri...
-Sec. 231. Answer Or Counterclaim
The answer in a suit for rescission or cancellation should not take issue upon immaterial points, but should cover all the equities of the case.122 The defendant may set up as many defenses as he may ...
-Sec. 232. The Bill Of Complaint Can Be Drawn In The Following Form:
Form Of Bill Of Complaint State of................................ In the Circuit Court for the County of....................In Chancery. John Doe and Mary Doe, Plaintiffs, vs. Richard Roe...
-Sec. 233. Action At Law-Requisites Of Declaration
Chapter 14 of the Judicature Act of Michigan has made several important changes in the law regarding declarations, and is supplemented by new rules of court (1916). Declarations formerly in common ...
-Sec. 234. Form
The Judicature Act expressly provides that the forms of declarations in common use may be employed or a briefer statement can be used containing Such information as shall reasonably inform the defend...
-Sec. 235. Declaration
The following brief form has been adopted by the State Bar Association, and has been deemed suitable and sufficient. STATE OF MICHIGAN In the Circuit Court for the County of...........................
-Sec. 236. Pleadings And Briefs Used In Late Michigan Cases Involving Actions For Fraudulent Misrepresentations Both In Equity And In Law
BANSKI v. MICHALSKI, 204 Mich. 15- (a) Brief Statement of Fact. (b) Bill of Complaint. (c) Exhibits A, B and C of Plaintiff. (d) Answer. (e) Decree. (f) Authorities Cited by Pl...
-Pleadings And Briefs Used In Late Michigan Cases Involving Actions For Fraudulent Misrepresentations Both In Equity And In Law. Part 2
5. Plaintiffs further state that upon returning from the farm to their home on the same day they were again told by the said Anthony Michalski that the said farm was purchased by his father for four t...
-Pleadings, Briefs In Cases Involving Fraudulent Misrepresentations. Part 3
12. Plaintiffs further state that after learning of the deceit and the fraud committed upon them by the said Anthony Michalski, they did, on June 23rd and July 10th, A. D. 1917, tender to the said Ant...
-Pleadings, Briefs In Cases Involving Fraudulent Misrepresentations. Part 4
1. Said first party for himself, his heirs, executors and administrators, agrees to sell to said second party all certain piece or parcel of land, situate in the Township of Casco, County of St. Clair...
-Pleadings, Briefs In Cases Involving Fraudulent Misrepresentations. Part 5
9. And it is further agreed, that this is a duplicate contract, and that no assignment, sale, pledge or transfer of this contract shall be of any validity or force whatever, or in any manner binding u...
-Pleadings, Briefs In Cases Involving Fraudulent Misrepresentations. Part 6
In answer to the remainder of said paragraph three, this defendant denies that he made any representations to the said plaintiffs regarding the condition of said farm, for the purpose of effecting a s...
-Pleadings, Briefs In Cases Involving Fraudulent Misrepresentations. Part 7
(b) That the said bill of sale to this defendant was executed by the said Grochala in the form of a separate instrument from the said Grochala's land contract, under which he, the said Grochala, was p...
-Pleadings, Briefs In Cases Involving Fraudulent Misrepresentations. Part 8
In answer to the remainder of said paragraph 12, this defendant admits that he has commenced summary proceedings before a justice of the peace, for the purpose of obtaining possession of the property ...
-Pleadings, Briefs In Cases Involving Fraudulent Misrepresentations. Part 9
2nd. That on, to-wit, the 10th day of May, 1915, the defendants offered to sell them a certain farm they claimed to be owned by the said defendants, described as the northwest quarter of the northwest...
-Pleadings, Briefs In Cases Involving Fraudulent Misrepresentations. Part 10
3rd. That plaintiffs, because of the circumstances, were compelled to and did rely wholly upon the statement and representation of the said defendants, and thereupon and by means of said false and fra...
-Pleadings, Briefs In Cases Involving Fraudulent Misrepresentations. Part 11
Cross, Foote & Sessions, Attorneys for Defendants. Henry Bradford & Co., and Jesse B. Bradford. (f) Authorities Relied Upon by Plaintiff-Brief for Plaintiff.-Plaintiff made a tender to defendant...
-Pleadings, Briefs In Cases Involving Fraudulent Misrepresentations. Part 12
(e) Authorities Cited by Plaintiffs-Brief of Plaintiffs. BARNHARDT v. HAMEL, 207 Mich. 232- (a) This is an action brought to recover money paid to defendants for the sale of certain farm land, on t...
-Pleadings, Briefs In Cases Involving Fraudulent Misrepresentations. Part 13
31. That the land was not as good as could be found in this part of the state but, on the contrary, that it was about as poor as could be found. 32. That the said farm was not a sand loam with a cl...
-Pleadings, Briefs In Cases Involving Fraudulent Misrepresentations. Part 14
That the plaintiff, Peter Barnhardt, representing or claiming to represent himself and the plaintiff Elizabeth Barnhardt, in order to induce the said defendants to make the exchange of lands set forth...
-Pleadings, Briefs In Cases Involving Fraudulent Misrepresentations. Part 15
In witness whereof, the said parties have hereunto set their hands this 20th day of April, 1914. (Signed) Peter Barnhardt, (Signed) Elizabeth Barnhardt, (Signed) A. Kann & Co., Per Jno. W. Long. ...
-Pleadings, Briefs In Cases Involving Fraudulent Misrepresentations. Part 16
Dated this 14th day of February, 1917. Thomas Smurthwaite, Attorney for Defendants. Business Address: Manistee, Michigan. (d) Authorities Cited by Defendants-Brief of Defendants.-It is con...
-Chapter XIV. Real Estate Brokers. Statutory Provisions. Licensing Rights, Duties, Liabilities. Miscellaneous
Sec. 237. Definition. Sec. 238. Regulation and Licensing. Sec. 239. Form of Application for License for Real Estate Broker. Sec. 240. Form of Application for License for Business Chance Broke...
-Sec. 238. Regulation And Licensing
In 1919 an Act was passed in Michigan providing for the licensing of real estate brokers and salesman,2 and as amended in 1921, makes it compulsory for any person, firm, partnership, association, copa...
-Sec. 239. Application For License For Real Estate Broker
Michigan Securities Commission (Department Of Real Estate.) To the Michigan Securities Commission, Lansing, Michigan: In compliance with Act No. 306 of the Public Acts of 1919, I (we)...........
-Sec. 240. Application For License For Business Chance Broker
Michigan Securities Commission (Department of Real Estate.) To the Michigan Securities Commission, Lansing, Michigan: In compliance with Act No. 306 of the Public Acts of 1919, I (we)........
-Sec. 241. Application For License As A Real Estate Salesman
Michigan Securities Commission (Department Of Real Estate.) To the Michigan Securities Commission, Lansing, Michigan: 1. In compliance with Act No. 306 of the Public Acts of 1919, I.............
-Sec. 242. The Commission Agreement
By amendment to the Statute of Frauds, it is provided that every agreement, contract or promise to pay any commission for or upon the sale of any interest in real estate, shall be void, unless such ag...
-Sec. 243. Duties Of The Broker
A broker must act in good faith and in the interest of his principal and an agent to sell may not become the agent of the purchaser, nor may an agent to buy become the agent of the seller, unless both...
-Sec. 244. When Commission Earned
The commission payable to the broker must be set up in the contract and where the defendant listed a certain property with a real estate broker for rent, promising to pay a commission to the broker, b...
-Chapter XV. Options
Sec. 245. Definition and Nature, Real Estate Options. Sec. 246. Formal Requisites. Sec. 247. Form of Options. Sec. 248. Consideration. Sec. 249. Statute of Frauds. Sec. 250. Option Contract Distinguis...
-Sec. 246. Formal Requisites
The option must be in writing and signed by the owner of the land or his authorized agent, the contract being within the Statute of Frauds.4 While it is preferable to specify the time during which ...
-Sec. 248. Consideration
An option, like all other contracts, requires a valuable consideration to support it. In the absence of a valuable consideration, a writing although in the form of an option, is not a contract, but a ...
-Sec. 249. Statute Of Frauds
While an option contract does not convey any interest or estate in the land until after an election to purchase in accordance with the terms and conditions of the option contract, nevertheless, such a...
-Sec. 250. Option Contract Distinguished From Contract Of Sale
An option contract is unilateral and becomes bilateral only after an election to purchase has been made by the optionee. A contract of sale is bilateral and both parties to the contract are equally bo...
-Sec. 251. Option Contract Distinguished From Agency
An Owner of property placing it in the hands of a real estate broker for sale may give an option which will be binding as such.19 Generally, however, the employment of a broker to sell real estate ...
-Sec. 252. Assignability Of Option Contract
By the great weight of authority, an option contract for the purchase of real estate based on a valuable consideration is assignable,21 and the assignee may compel the owner to specifically perform th...
-Sec.254. Discharge Of Option Contract
An option contract, not supported by a valuable consideration, may be revoked at any time by the optionor signifying his intention to do so, if the optionee has knowledge of such act prior to his acce...
-Sec. 255. Payment And Tender
An option contract, as heretofore stated, is raised into a mutually binding contract of sale thus crediting the relation of vendor and purchaser between the parties only after a timely election on the...
-Sec. 256. Effect Of Exercising Option Or Election
If the privilege of electing to purchase is seasonably exercised in accordance with the terms of the option contract, an executory contract of sale arises,46 and thereafter the parties stand in the ...
-Sec. 257. Against Whom Enforcible
The optionee of an option contract may enforce the same not only against the op-tionor, but also against a third party, who is a purchaser of the optioned property with notice of the outstanding optio...
-Sec. 258. Remedies
Inasmuch as an option contract is but a continuing effort which, when supported by valuable consideration, is kept open for a specified time, or if no time is specified, a reasonable time, it conseque...
-Sec. 259. Specific Performance
Where an option is given upon land and duly converted into a binding contract by acceptance in accordance with its provisions, specific performance thereof can be enforced.56 52. Sixta v. Ontonago...
-Sec. 260. Michigan Decisions On Option-The Option Upheld
In the accompanying note 60 we have collected those Michigan decisions where the option has been upheld. 57. Litz v. Goosling, 93 Ky. 185, 19 S. E. 527, 21 L. R. A. 127. 58. Cheney v. Cook, 7 Wi...
-Sec.261. Michigan Decisions On Option-The Option Defeated
-In the accompanying note 61 we have collected a number of Michigan decisions where, for various reasons, the option has been defeated. paid rent and filed a bill for specific performance. The cour...
-Sec. 262. Michigan Decisions On Option-Controversy As To The Character Of The Instrument
Acceptance of the terms of an option requires an unconditional assent to its terms, and letter sug- gesting a change in description, inclosing a deed describing the property by dimensions rather by...









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