Michigan Supreme Court, 1861

Crane v. Dwyer

Crane v. Dwyer
Michigan Supreme Court · Decided November 19, 1861 · Manning, Other
9 Mich. 350; 1861 Mich. LEXIS 40

Counsel

D. G Holbrook, for complainant., Maynard & M&ddaugh, and G-V.H. lothrop, for defendants.

Crane v. Dwyer

Opinion of the Court

Manning J.:

Equity will not lend itself to enforce a penalty or forfeiture, as it would do in giving the relief asked. The case made by the bill, is a forfeiture by one of defendants of all her rights in a contract made with complainant for the purchase of a lot of ground in the city of Detroit, and assigned to her. The house in question was built by the purchaser after he took possession of the lot; and complainant having put an end to the contract, for the non-payment of a part of the purchase money at the time stipulated, as by the terms of it he had a right to do, claims the house under the forfeiture, and asks an injunction to prevent its removal. The decree dismissing the bill must be affirmed.

The other Justices concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.