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SMEADER v. MASON

Docket No. 25, Calendar No. 46,259.

341 Mich. 139 (1954)

67 N.W.2d 131

SMEADER v. MASON.

Supreme Court of Michigan.

Decided November 29, 1954.

Attorney(s) appearing for the Case

Riseman, Lemke & Piotrowski, for plaintiff.

E.N. Karay, for defendant.

BUSHNELL, J.

This suit arose out of a "preliminary sales agreement" dated March 2, 1953, in which plaintiff Charles Smeader agreed to sell his business and transfer his class "C" license on a tavern operated under the name of "Puritan Bar" to defendant Anthony Mason for the sum of $26,500. The agreement provided in part:

"It is an express condition of this agreement that consummation of this deal shall be and is dependent

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