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 the evidence was in dispute as to the amount due on the contract the Supreme Court reversed the decision of the lower court refusing such relief and entered a decree for the plaintiff.80

77. Reo Motor Car Co. v. Young, 209 Mich. 591.

78. Pomeroy's Eq. Jur., Sec. 2192.

79. Pomeroy's Eq. Jur., Sec. 2194.

80. "On a bill by the vendees lor specific performance of a land contract for the sale of a house and lot, where the evidence is undisputed that a $1,000 payment, credited on the contract at the date of the making, was never paid, and, as claimed by plaintiffs, was never intended to be paid, which defendant claims was credited with the understanding that plaintiff's father would pay it Inside of two weeks; evidence as to the conflicting claims examined, and held, preponderate in favor of plaintiffs and to require reversal of the de-

The fact that real estate has increased in value since the execution of the contract is insufficient to defeat the right of the vendee to specific performance on a contract of sale.81

Where a firm of attorneys enter into a contract whereby it was stipulated as a payment for their services they should receive one-third of the land recovered, a decree for specific performance was held to be not legally objectionable because the specific land in which such interest should attach, was not described.82

Where the vendee appeared at the appointed time and place ready and willing to pay and the vendor failed to appear, sufficient tender was made to entitle the vendee to specific performance of the land contract. It was not necessary to prepare and tender a deed to be executed by the vendor.83 In order to invoke the relief of specific performance a parol contract for conveyance of real estate should be clearly established in its cree for defendant in the court below." Barker v. Finley, 200 Mich. 166.

81. "While the remedy by specific performance is not one of right, and rests in the discretion of the court, such discretion to be exercised is a judicial one and cannot be arbitrarily or captiously exercised, and must be based upon facts proved by competent testimony."

"Specific performance of a contract to convey a factory site will not issue upon condition that plaintiff erect a factory on such site, where no such condition was inserted in the contract of sale, and if plaintiff was required to meet such condition it would probably be unable to induce a railroad company to make side-track connections, and would have to make them itself at considerable expense." Kerwin Machine Co. v. Baker, 199 Mich. 122.

82. "In a suit for specific performance of a contract between a firm of attorneys consisting of one of plaintiffs and the decedent of the other and defendant whereby the firm was employed by defendant as her attorney to prosecute a contemplated suit to recover certain lands and the firm was to have as compensation a one-third interest in recovered lands, a decree for specific performance was not legally objectionable because the specific lands to which such interest should attach were not described in the contract or because the lands were to be divided when recovered, as after recovery the contract would relate to the recovered lands, specifically and it would be as though the specific items recovered had been originally written in the contract." Gates v. Mc-Laulin, 199 Mich. 438.

83. Frazer v. Hovey, 161 Mich 819.

essentials by a convincing preponderance of the evidence to warrant a decree to justify such relief.84

Where a party secured an option on an agreement on a piece of property for $1,000.00 per acre and within a few months thereafter sold it for $2,000.00 per acre, the fact that the property had increased in value was not sufficient to warrant the court in refusing to specifically perform the contract.85

If the abstract of title is defective by disclosing certain building restrictions, the vendee cannot be compelled to accept such title, and he will be justified in declining to go forward with the sale, and cannot be compelled to do so by specific performance.86

While the courts are reluctant to attempt to enforce specific performance of contract requiring personal service extending over a considerable period of time, nevertheless such relief has been granted by the Michigan Supreme Court, in a case where a father deeded certain premises to his son who was to conduct a saloon business thereon, pay existing encumbrances against the same and then execute a life lease to the father who was to have "a living out of the proceeds of such business without charge," therefore, upon performance of this contract by the

84. Prendergast v. Prendergast, 206 Mich. 526. "On a bill for the specific performance of a contract to convey land by a father to a son in consideration of the son's living at home, working the land, and making a home for the father, executed upon the part of plaintiff, evidence held sufficient to establish an agreement to convey to plaintiff the homestead of 40 acres."

85. "The finding of the court below that the option price of $1,000 per acre was, at the time the option was given, a fair market price and all that could have been obtained in the open market, held, supported by the evidence.

The contract being complete in Its terms, and not being shown to have been procured by any misrepresentation or fraud, and plaintiff having fully performed or made tender of full performance which was kept good by tender into court of the full contract price, the decree of the court below in favor of plaintiff for specific performance will be affirmed." George v. Schu-man, 202 Mich. 242.

86. Hicks v. Tierck, 72 Mich. 311. "It does not appear to be denied that the abstract showed that the premises were subject to certain building restrictions. It is undoubtedly true, as plaintiff urges, that building restrictions constitute a cloud upon the title." 39 Cyc. P. 1500 and cases cited.

son it was held that the father was entitled to specific performance of the agreement for his support.87

Where a defendant had entered into a written contract which was certain in its terms free from ambiguity and was fair to all the parties specific performance will be decreed even though a consideration of one dollar was tendered in satisfaction of the consideration stated in the instrument.88

It has been held that where a daughter entered into a contract with her father to purchase from him a house and that she was to be permitted to occupy it by paying five per cent. interest on the agreed purchase price and had taken possession of the premises and held the same for six years, keeping up the repairs and payng the taxes, that specific performance would be decreed against the father.89

It has also been held that where defendants entered into an oral contract for the sale of a house and lot and plaintiff took possession under such verbal contract, exercised acts of ownership over the property, including remodeling a portion of the house, specific performance would be granted at the instance of the vendor against the vendee.90

If the abstract of title to the premises is defective the vendee may waive such defect and enforce specific performance against the vendor.91

87. Whitman v. Whitman, 207 Mich. 337.

88. George v. Shuman, 202 Mich. 242.

89. Fowler v. Isabel, 202 Mich. 572.

90. Pearson v. Gardner, 202 Mich. 360.

91. "When this situation developed it was the duty of defendants to do one of two things, either get the building restrictions released or return plaintiff's payment to him. Plaintiff suggested they return his money but defendants refused to do so and denied that he was entitled to it, thereby claiming, by implication at least, that he was still bound to perform. While matters stood in this wise and before defendants had acquiesced in plaintiff's election he advised them in writing he would waive the defects and would deem himself bound by the contract. This then placed the parties back in the position where both were bound to perform the contract. But counsel says that plaintiff repudiated the contract on January 25th and he could not thereafter insist on defendants performing it. True, he elected to have a return of his money as he had a right, as the abstract did not show a clear title, but by reason of defendant's insistence that he was bound by his

Where pursuant to an agreement for the exchange of land and deeds have been executed and deposited in escrow, equity-will enforce a specific performance of the contract and the suit of the party who has complied with the conditions upon which the deeds were deposited.92

The purchaser of a lot in a tract which the vendors represented to be subject to building restrictions may enforce equitable obligations to sell the remainder of the property in that tract subject to such building restrictions.93 It has even been held that a parol agreement by parents made with their son to land adjoining their own in consideration of his making his home thereon and working and improving the same may if the son fulfills the conditions be specifically enforced by his wife and children after his decease.94

Specific performance may be invoked by a husband against his wife to compel her to carry out the terms of a settlement of their mutual property upon separation.95 A contract by which a wife conveys her dower to her husband in consideration of the conveyance by him to her of property held is a proper subject for specific performance at the interest of the husband.96

Specific performance of an oral agreement to convey defendant's farm to plaintiff in consideration of services rendered for which plaintiff received no compensation has been granted.97 An oral contract by a mother fully performed on one side to contract, he waived the defects and advised them that he would accept a conveyance subject to the defects.

"It is also argued that plaintiff did not perform within 30 days and that time was of the essence of the contract and, therefore, he is not entitled to specific performance. The contract provided that he was to forfeit the payment only in the event that he failed 'to complete the agreement on his part within 30 days.' The plaintiff was not in default. The defendants were in fault. This being true, plaintiff had a right to, and did, waive the defects, and after so doing he had a right to insist upon a performance by defendants." Anderson v. Kennedy, 51 Mich. 467; 36 Cyc. P. 746; Ogooshevitz v. Wari-jas, 203 Mich. 666.

92. Bowman v. Gork, 106 Mich. 163.

93. Statt v. Avery, 156 Mich. 674.

94. Briggs v. Briggs, 113 Mich 371.

95. Segler v. Segler, 10S Mich 591.

96. Dakin v. Dakin, 97 Mich. 284.

97. Woodward v. Walker, 192 Mich. 188.

convey to her daughter and her husband a homestead in consideration that the latter would render such services as had been rendered would be specifically enforced.98. See also additional cases in the note.99