Chapman v. Morgan

• Court: Michigan Supreme Court
• Writing for the Court: CAMPBELL, J.
• Citation: Chapman v. Morgan, 55 Mich. 124, 20 N. W. 820 (Mich. 1884)
• Decision Date: 15 October 1884
• Parties: CHAPMAN v. MORGAN.

20 N.W. 820

55 Mich. 124

CHAPMAN v. MORGAN.

Supreme Court of Michigan

October 15, 1884

Appeal from Charlevoix.

Cruickshank & Grier, for complainant.

Norton & Keat, for defendant.

CAMPBELL J.

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 $1,000 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 10 days, and pay cash within 10 days more, or lose it. He made no cash tender on or before February 1st, but, on the twenty-ninth of January, sent a letter to defendant's agent at Charlevoix, in which he told the agent he was ready to pay over the money as he had talked, as soon as he should get the deed from Mrs. Morgan. This letter did not mention the sum of money, although it referred to the contract. The agent swears that the talk they had previously had was an attempt by complainant to induce the agent to persuade defendant to sell the land for a much smaller sum. He had offered the agent a buffalo-robe to procure this intervention, and in this letter he proposes to give him one at wholesale price. Mr. Eaton, the agent, received this letter on the first of February, but did not regard it as an offer to carry out the contract, and on the fifth day of February wrote back to him, saying so, and informing him that Mrs. Morgan would not take less than the full price of $1,000 cash, and that another man stood ready to take it on those terms. On the next day he was offered $1,000 in cash by William Addis, and accepted it, and the land was sold to him, and at once paid for. The deed to Addis was finally delivered the day after this bill was filed, but complainant knew of the sale soon after it was made. On the thirtieth of January, Eaton had sent a postal to complainant, telling him defendant would not take less than $1,000 cash, which complainant answered by a letter, dated February 2d, 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,...