Gustin v. Union School Dist. of Bay City

• Court: Michigan Supreme Court
• Writing for the Court: HOOKER, C.J.
• Citation: Gustin v. Union School Dist. of Bay City, 54 N.W. 156, 94 Mich. 502 (Mich. 1893)
• Decision Date: 20 January 1893
• Parties: GUSTIN v. UNION SCHOOL DIST. OF BAY CITY et al.

54 N.W. 156

94 Mich. 502

GUSTIN v. UNION SCHOOL DIST. OF BAY CITY et al.

Supreme Court of Michigan

January 20, 1893

Appeal from circuit court, Bay county, in chancery; George P. Cobb Judge.

Action by Herbert H. Gustin against the Union School District of Bay City, George H. Granger, president, Albert Jeffery treasurer, and James B. Barber, recorder. From a decree for plaintiff, defendants appeal. Affirmed.

T. A E. & J. C. Weadock, for appellants.

J. L Stoddard, for appellee.

HOOKER C.J.

This is a bill for specific performance. The premises in question are three lots in Bay City. On January 16, 1886, the defendant school district, through its proper officers executed and delivered to George W. Mann a lease of the premises for the term of five years. Among the provisions of the lease was the following, viz.: "Said party of the first part agrees to execute to said second party or his assigns a deed, with full covenants of warranty, of said described land, at the expiration of this lease, upon the payment of the sum of two thousand five hundred dollars, provided said second party, or his assigns, shall ask for said deed, in writing, at any time during the three months immediately preceding the time of the expiration of this lease." Both parties signed the lease. In February, 1886, this lease was assigned to R. P. Gustin & Co. by instrument in writing. The bill alleges that this assignment was to R. P. Gustin, and the briefs of both parties so state. It will therefore be assumed that the exhibit is incorrectly printed, or that the name R. P. Gustin & Co. was but another name for R. P. Gustin, which may be inferred from the proofs. Gustin took possession of the property, and made repairs to the amount of several hundred dollars, and used the building upon the premises for a store until his death, on February 25, 1889. His widow, Rachel S. Gustin, was appointed administratrix, and administered the estate, and a corporation was organized, composed of herself and others, which purchased the stock, and continued the business upon the premises under some arrangement made with her. On the 9th day of January her attorney appeared before the defendant board of education, and represented that she was unable to sell the contract or buy the land, and asked a further lease for two years to the corporation. The negotiations resulted in an agreement to make the R. P. Gustin Company a new lease for two years, with the privilege of purchasing left out. Writings were to be drawn, and defendants caused this to be done, but they were never executed. Defendants claim that the right to purchase...