226 N.W. 713 | Mich. | 1929
Plaintiff sued defendants for specific performance of a written contract entered into September *615
25, 1925, to sell and convey the same land involved inMuirhead v. McCullough,
Vendors failed to establish good merchantable title to the land described in the contract within one year from its date. If prevailing values deflated, plaintiff could refuse to take the land and take back his $1,000; if values inflated he could take the property and pay the agreed price — the $1,000 to apply thereon. Plaintiff was bound or not bound at his option. Defendants were bound in any event. There was no such mutuality of obligation and of remedy as to entitle plaintiff to specific performance. The decree will be reversed, and plaintiff's bill dismissed, with costs.
NORTH, C.J., and FEAD, WIEST, CLARK, McDONALD, and SHARPE, JJ., concurred. The late Justice FELLOWS took no part in this decision.