118 Mich. 618 | Mich. | 1898
This is a bill filed for specific performance of a contract. The complainant is a young man, and unmarried. The defendant is a man about 70 years of age, and also unmarried, and the uncle of complainant. In March, 1897, the complainant was the owner of 120 acres of land in the township of Campbell, Ionia county, which was mortgaged for about $3,000; the amount being represented in three mortgages, two of which were held by a Mrs. Powers, and the third, in the sum of $900, running to defendant. The complainant also owed unsecured debts amounting to about $500. The evidence shows that in March the complainant received an offer of
The question involved is wholly a question of fact. The complainant’s testimony shows that, after the agreement was entered into between the parties, they continued to live together upon the premises from April until June. The complainant continued to expend money in trimming the orchard and repairing the fences, and also continued to spend labor for the betterment of the place. This testimony would tend to show that, if complainant’s theory of the case was maintained by the proof, he had entered into a performance of the contract in such manner as would entitle him to relief by way of specific performance, under section 6183, 2 How. Stat. Upon the question of fact, the learned circuit judge found the case stated in the bill to be made out by the proofs. A careful reading of the testimony convinces us that this conclusion was fully justified. The parties are at direct variance in their testi
The decree of the circuit court granted the relief prayed, and that decree will be affirmed, with costs.