Adams v. Madora Land Co.

Michigan Supreme Court

Adams v. Madora Land Co.

248 Mich. 584

CourtMichigan Supreme Court

DecidedDecember 3, 1929

DocketDocket No. 164, Calendar No. 34,654

StatusPublished

This text of 248 Mich. 584 (Adams v. Madora Land Co.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. Madora Land Co., 248 Mich. 584 (Mich. 1929).

Pincite

Opinion

Potter, J.

Plaintiffs, owners of land in Oakland county, sold it to Louis Tarabusi, who assigned the land contract to Madora Land Company, a corporation. Time was made the essence of the contract. Defendant did not pay promptly, and after writing it three letters demanding payment, notice of forfeiture was given. Defendant claims by not giving notice more promptly plaintiffs waived their rights. Plaintiffs contend defendant could not take advantage of their failure to act more promptly because they were.insisting upon payment as shown by the correspondence. In this we think plaintiffs are correct.

Judgment affirmed, with costs.

North, C. J., and Fead, Butzel, Wiest, Clark, McDonald, and Sharpe, JJ., concurred.

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Potter, J.

Plaintiffs, owners of land in Oakland county, sold it to Louis Tarabusi, who assigned the land contract to Madora Land Company, a corporation. Time was made the essence of the contract. Defendant did not pay promptly, and after writing it three letters demanding payment, notice of forfeiture was given. Defendant claims by not giving notice more promptly plaintiffs waived their rights. Plaintiffs contend defendant could not take advantage of their failure to act more promptly because they were.insisting upon payment as shown by the correspondence. In this we think plaintiffs are correct.

Judgment affirmed, with costs.

North, C. J., and Fead, Butzel, Wiest, Clark, McDonald, and Sharpe, JJ., concurred.

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Bluebook (online)

248 Mich. 584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-madora-land-co-mich-1929.