Michigan Supreme Court, 1902

Coryell v. Hotchkiss

Michigan Supreme Court · Decided June 27, 1902 · Grant, Hooker, Long, Montgomery, Moore

131 Mich. 308; 91 N.W. 162; 1902 Mich. LEXIS 632

Cases that cite this one

1 later published case cites this decision.

Home Savings & Loan Ass'n v. Mason (Mich. 1901)

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

Hooker, C. J.

The defendants have appealed from a decree requiring them to specifically perform a contract for the sale of land. The question is one of fact, and requires no discussion. We are satisfied that the contract was procured by complainant’s brother through deceit, and that she is not equitably entitled to specific performance. We agree, however, that the complainant acquired a valid title to the mortgage upon said premises, as against the defendants, by virtue of the assignment of the same.

The decree is reversed, and the bill is dismissed, with costs.

Moore, Grant, and Montgomery, JJ., concurred. Long, J., did not sit.

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