55 Mich. 124 | Mich. | 1884
Complainant files his .bill for the specific performance of a land contract. The paper in-question was an agreement dated October 4, 1882, whereby, in consideration of $10, defendant gave complainant the refusal of the property until February 1, 1883, for $1000 in cash, or such other terms as should at that time be agreed on. The defendant lived in Canada, and her residence there was set out. In case defendant had another offer at the same price complainant was bound to determine whether he would take it within ten days, and pay cash within ten days more or lose it.
On the 30th of January Eaton had sent a postal to complainant telling him defendant would not take less than $1000 cash, which complainant answered by a letter dated February 2, which refers to the previous letter, and although somewhat .ambiguous may perhaps be regarded as indicating a purpose to accept. «
Inasmuch as specific performance is not a matter of absolute right in all cases, the complainant is bound' to make out a complete equity. The agreement being one which did not bind complainant to accept the land unless he chose, shows very clearly that the refusal given him was not to be enlarged. It bound him if he wanted the land to be ready with his money on the very day fixed. It made no provision for making tender to any one but defendant at her home in Canada; but he could have got the land, and would have got it, if he had given the agent Mr. Eaton unequivocal proof of
In our opinion the circuit court very properly declined to relieve complainant by specific performance, for want of equities. But as Addis is not a defendant, and as complainant knew of the sale to him, the failure to bring him in would be a fatal objection, inasmuch as defendant can make no title. .
The decree must be affirmed.