98 Mich. 468 | Mich. | 1894
This is a bill filed to enforce specific performance of a contract for the sale of land. Complainants reside at Ooldwater, and defendant at Vassar, and the negotiations were by letter. The terms of payment were, as agreed upon, one-half cash, and the balance to be secured by mortgage, payable in two years, with interest at 6 per cent. The bill prays, not alone that defendant may be •compelled to make the cash payment, but that he also may be required to execute the mortgage. There is no force, therefore, in the contention that the sole purpose of the bill is the recovery of the consideration.
Complainants are husband and wife, and jointly own the land in question. The negotiations were carried on by the husband in his own name. It is insisted that, inasmuch as the husband had no written authority from the wife, she was not bound, and specific performance could not
The next contention is that the negotiations were carried on by defendant on'behalf of himself and one Phillips, and
The decree is therefore affirmed, with costs to complainants.