Shannon v. Gull Lake Ass'n
Cases that cite this one
1 later published case cites this decision.
- Shannon v. GULL LAKE ASSOCIATION (Mich. Ct. App. 1968)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Plaintiff, appeals a judgment of no cause of action for specific performance of an agreement to sell real estate. Two contracts are involved, the first dated July 21, 1961, and the second February 12, 1963. The trial court found that the second contract superseded the first contract, and that plaintiff was not entitled to specific performance of the second contract because of his failure to meet his, contractual obligations , thereunder. A review of the record fails to convince us we would have reached a different result had we sat as the trial court.
Specific performance is not a remedy of right but rests in the sound discretion of the court. Rose v. Gilbert (1948), 320 Mich 455. This record demonstrates no abuse of discretion.
Affirmed, with costs to defendant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.