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JAUP v. OLMSTEAD

Docket No. 9, Calendar No. 45,380.

334 Mich. 614 (1952)

55 N.W.2d 119

JAUP v. OLMSTEAD.

Supreme Court of Michigan.

Decided October 6, 1952.

Attorney(s) appearing for the Case

Schulman & Schulman (Meyer R. Rubin, of counsel), for plaintiffs.

O'Brien & Nertney and Isaac M. Smullin, for defendant Olmstead.

Dyer, Angell, Meek & Batten, for Michigan Consolidated Gas Company.

BUSHNELL, J.

Plaintiffs Sadik Jaup and Clara Jaup entered into an agreement with defendant Charles M. Olmstead in September of 1949, to purchase 2 stores in the city of Detroit. This agreement stated in part:

"It is understood that the partitions and 2 gas heating plants (are considered as part of the purchase price and shall remain on this property)."

In October, Olmstead conveyed the property to plaintiffs. He remained in possession as a tenant of...

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