203 Mich. 679 | Mich. | 1918
The parties to this litigation entered into the following contract on the 26th day of July, 1915:
“Grand Rapids, Mich., 7/26/1915.
“This agreement made by and between Walter F. Tate, of the first part, and Mrs. A. W. Engel; of the second part, witnesseth:
“That the party of the first part agrees to sell and convey to party of the second part, all that piece or parcel of land, to wit, Lot number eleven (11), Block sixteen (16), Ellsworth Addition to city of Grand Rapids, with good title, and second party agrees to pay to first party the sum of fifteen hundred ($1,500) dollars for same, as follows: Fifty ($50) dollars on signing of this agreement, and fourteen hundred fifty ($1,450) dollars on the delivery of good and sufficient deed.
(Signed) “Walter F. Tate,
“Mrs. A. W. Engel.”
Following the making of the contract plaintiff made payment of the $50 which the agreement called for and her counsel examined the abstract. No defects of a serious nature being found, plaintiff advised defendant she was satisfied with the title and ready to close the deal, when the tenant, Mrs. Sayfee, who was in possession of the premises, should vacate the same. Plaintiff claims that defendant agreed to meet her at her husband’s office on August 10th and close the deal.
(1) That plaintiff breached the contract.
(2) That there was no evidence produced tending to prove plaintiff’s legal measure of damages.
Plaintiff insists that defendant agreed to give them possession of the premises when the deal was closed, and that while waiting for the tenant to vacate defendant sold the premises to other parties. The trial court found with the plaintiff on this issue. After a review of the testimony we are impressed with plaintiff’s claim that defendant agreed to give possession of the premises when the deal was closed. The testimony shows that the tenant was notified to vacate and that she was making her plans to remove from
While this proof of value is not as satisfactory as it might have been, it furnished some support for the court’s finding. Upon the whole case we think the finding should not be disturbed. The judgment will be affirmed, with costs to plaintiff.
Ostrander, C. J. In this cause the court made a finding of facts, and no exception thereto is put upon the ground that there was no evidence to sustain them. No exception raises the point that any conclusion of fact is opposed to the weight of evidence. Nor is any exception rested upon the ground that the facts found do not support the conclusions of law or the judgment which was entered. No points of law were presented
The assignments of error follow the exceptions. Under the circumstances, an affirmance of the judgment is required.