BAND v. HAZEL PARK DEVELOPMENT CO.

Docket No. 58, Calendar No. 45,868.

337 Mich. 626 (1953)

60 N.W.2d 333

BAND v. HAZEL PARK DEVELOPMENT CO.

Supreme Court of Michigan.

Rehearing denied November 27, 1953.


Attorney(s) appearing for the Case

George J. Armbruster (Carroll C. Grigsby, of counsel), for plaintiff.

William G. Comb, for defendant.


DETHMERS, C.J.

This is suit for specific performance of a preliminary agreement for the sale of a piece of real estate subdivided into a number of lots. From decree for plaintiff defendant appeals.

The agreement contained a provision, around which the sole controversy revolves, as follows:

"Only building and use restrictions mutually acceptable to buyer and seller shall be placed on said subdivision."

The defense raised on trial was that the...

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