Docket No. 34, Calendar No. 47,623.

354 Mich. 606 (1958)

93 N.W.2d 249


Supreme Court of Michigan.

Decided December 3, 1958.

Attorney(s) appearing for the Case

Milton E. Higgs and Karl K. Leibrand, for plaintiff.

Smith & Brooker (H.P. Graves and B.E. Hagen, of counsel), for defendant Consumers Power Company.

Bartlett, King & Learman for defendants Gallaher and Bachelder.


Back in 1911 one John McGuiness sold the property in question to the National Chicory Company, the deed to which contained the following provision:

"It is understood that the land herein described is to be used for the erection of a kiln for drying chicory roots, and if not used for said purpose, then the title to said land shall revert to said first party."

Shortly after purchasing the land the National Chicory Company built such a kiln...

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