Baldwin v. Fletcher

• Decision Date: 21 June 1882
• Citation: 48 Mich. 604,12 N.W. 873
• Court: Michigan Supreme Court
• Parties: BALDWIN v. FLETCHER.

12 N.W. 873

48 Mich. 604

BALDWIN v. FLETCHER.

Supreme Court of Michigan

June 21, 1882

Where complainant claims that his intestate acquired by conveyances from assignees interests in particular stipulations contained in a certain contract, and prays that these, separated and dealt with separately from the rest of the contract, be specifically performed in his favor, he cannot obtain the relief demanded.

Where a contract is an entirety, a party cannot select out particular provisions and have them enforced, while ignoring the remainder; nor can a party assign to another the rights to such enforcement.

Specific performance cannot be had of any portion of an agreement without bringing all the parties in interest before the court, so as to give opportunity for disposing of the whole controversy.

Appeal from Alpena.

Kelly &amp Clayberg, for defendant.

COOLEY, J.

The bill of complaint in this case states that on March 20, 1874 one George Prentiss executed to the defendant Fletcher a mortgage of land in Alpena to secure the payment of $6,500 and interest in four equal annual payments, the first to come due May 1, 1876. That on April 2, 1874, Prentiss conveyed the mortgaged property to the Alpena Lumber Company, subject to the mortgage, which the lumber company assumed and agreed to pay. That on September 13, 1876, Fletcher and the trustees of the Alpena Lumber Company entered into an agreement, a copy of which is given [on page 853, ante,] whereby Fletcher agreed to convey to the company for the sum of $1,000 certain premises in Alpena, "being the lake front so called." That the company paid Fletcher $1,144.28 by lumber of that value, and $1,800 by logs of that value, of which $600 was to apply in payment for harbor dues under said contract, $1,000 to apply in payment for said lake front, and the balance to apply on said mortgage. That said agreement was made to compromise and settle certain differences between said Fletcher and said company, and that said claim for harbor dues was one of said matters of difference, and that said company did not consider the same a valid claim, and paid the same solely in consideration of the settlement of all the other matters of difference embraced in and settled by said agreement. That on November 13, 1877, the assignees of said lumber company, being then the owners of "said premises and mill property," conveyed the same to Freeman Dunham, the intestate, subject to the payment by him of the balance remaining unpaid on said mortgage, and said Dunham on that day paid to Fletcher on the mortgage the sum of $2,734.43. That Fletcher refuses to apply on the mortgage the balance of the value of said lumber and logs and insists upon...