Schuler v. Bucuss
| Decision Date | 27 February 1931 |
| Docket Number | No. 86.,86. |
| Citation | 253 Mich. 479,235 N.W. 226 |
| Parties | SCHULER v. BUCUSS et al. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit, Muskegon County, in Chancery; John Vanderwerp, Judge.
Bill by Mathilda Schuler against Charles F. Bucuss and another. From a decree dismissing the bill, plaintiff appeals.
Affirmed.
Argued before the Entire Bench.Turner, Engle & Cochran and Harry W. Jackson, all of Muskegon, for appellant.
Alexis J. Rogoski, of Muskegon, for appellees.
Plaintiff herein seeks to restrain the prosecution of a suit at law instituted against her by the defendants herein and to obtain reformation of a land contract. Her bill of complaint was dismissed, and she has appealed. As the owner of a parcel of land near Muskegon, Mich., plaintiff entered into an oil and gas lease covering the premises Thereafter, and on August 10, 1928, she contracted with these defendants to sell to them five acres out of this parcel. The contracts were prepared by plaintiff's agent, a scrivener who had served her in similar capacity for a number of years. The undisputed testimony discloses that all the parties to the contract and the scrivener knew at the time the instruments were prepared of the outstanding oil and gas lease. Plaintiff claims it was understood and agreed between herself and the vendees that it was not necessary to mention the oil and gas lease in the contract they were then entering into, and that, in event oil and gas were produced on plaintiff's property, defendants should have their proportionate share of the royalties. She is seeking in this proceeding on the ground of mistake to have her contract with the defendants reformed so that the sale of the parcel to defendants shall be made subject to the oil and gas lease; and she further asks that the reformed contract be specifically performed.
Defendants assert that, at the time of closing the land contract, plaintiff represented to them that the gas and oil lease would expire in two weeks and prior to the time the defendants would become entitled to a deed. Defendants further claim that they relied upon plaintiff's representation, and they would not have entered into the terms of the contract had they understood or been advised that, upon taking the deed, their property would be subject to plaintiff's prior lease. The suit at law instituted by defendants herein against plaintiff was to recover damages because of plaintiff's inability, upon tender of the purchase price, to convey...
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State Bank of Wheatland v. Bagley Bros.
... ... 613; Erickson v. Poole, (Wash.) ... 217 P. 715; Kanofshy v. Woerduhoff, (Ia.) 235 N.W ... 305; Bott v. Campbell, 161 P. 955; Schuler v ... Buccus, (Mich.) 235 N.W. 226; Grain Co. v. Grain ... Mut. Fire Ins. Co., (Ia.) 201 N.W. 568. There was no ... evidence of material ... ...
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Emery v. Clark
...A contract will not be reformed on the ground of mistake, not mutual. Meade v. Brown, 218 Mich. 556, 188 N.W. 514.’ In Schuler v. Bucuss, 253 Mich. 479, 235 N.W. 226, 227, Mr. Justice North wrote: ‘The law is thoroughly settled that solemnly written instruments entered into between competen......
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Levy v. Dossin's Food Products
...438, 259 N.W. 130. The evidence must be clear and convincing and must establish beyond cavil the right to reformation. Schuler v. Bucuss, 253 Mich. 479, 235 N.W. 226; Donaldson v. Hull, 258 Mich. 388, 242 N.W. In Miles v. Shreve, supra, the court said at page 679 of 179 Mich., at page 377 o......
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Kobylinski v. Szeliga, 14.
...438, 259 N.W. 130. The evidence must be clear and convincing and must establish beyond cavil the right to reformation. Schuler v. Bucuss, 253 Mich. 479, 235 N.W. 226;Donaldson v. Hull, 258 Mich. 388, 242 N.W. 732.’ See, also, Emery v. Clark, 303 Mich. 461, 6 N.W.2d 746, and cases therein ci......