This section is from the book "The Law Of Land Contracts", by Asher L. Cornelius. Also available from Amazon: Michigan Law Of Land Contracts.
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....................day of...................., the plaintiff herein entered into an agreement to purchase from the defendant herein, the following described real estate, to-wit: (Here describe the real estate) for which this plaintiff then and there paid to the defendant the sum of....................
Dollars, that being the full amount then and there due under said contract; the balance of said purchase price being payable at the rate of (here describe the terms of payment).
18. McGraw v. Muma, 164 Mich. 120.
19. Hughes v. Pealer, 80 Mich. 540; Tompkins v. Hollister, 60 Mich. 470; Lapp v. Lapp, 43 Mich. 287.
20. Tompkins v. Hollister, 60 Mich. 470; Tabor v. Mich. Mutual
Life Insurance Co., 44 Mich. 324; Renard v. Klinck, 91 Mich. 1.
21. McArthur v. Newhall, 106 Mich. 284; Dilly v. Longwell, 163 Mich. 439; Pasterno v. Longwell, 163 Mich. 439; Kinyon v. Cunningham, 146 Mich. 430.
2nd. That thereafter said agreement was reduced to writing, to-wit: on the....................day of...................., and duly executed by the plaintiff and defendant, a true copy of such agreement being hereto attached, marked "Exhibit A" and made a part hereof. That through a mistake of the scrivener in drafting said land contract, the premises were erroneously described therein (here insert erroneous description) instead of (here insert the correct description) as was intended by both the plaintiff and said defendant. That thereafter said contract as duly delivered, this plaintiff retaining a duplicate copy and payments have been made thereon by this plaintiff from the date of the execution of such contract until the present date, in accordance with the tenor of said agreement. That plaintiff did not discover said mistake until on the ....................day of.....................
3rd. That upon a discovery of such mistake in the description of said property, plaintiff went to the vendor and demanded a correction of the same which vendor then and there refused to make and still continues to refuse to correct the description in such contract.
4th. That by reason of said mistake in the description of said land, this plaintiff is unable to sell or dispose of his interest therein or any part thereof and that he will be unable to compel a conveyance of the land which he contracted for and intended to buy.
Wherefore Plaintiff Prays:
1st. That said error and mistake in said land contract may be corrected and said land contract reformed so as to duly describe the land and premises intended to have been then and there described and included in such land contract.
2nd. That this plaintiff may be decreed to be the equitable owner of said land intended to have been included in said land contract and further that said defendant be required to execute a land contract containing the correct description of said premises and deliver the same to this plaintiff.
3rd. That plaintiff may have such further, other and dif ferent relief in the premises as may be agreeable to equity and good conscience.
And this plaintiff will ever pray.
..............................................................
....................................................
Attorney for Plaintiff.
 
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