KOTESKY v. DAVIS

Docket No. 5, Calendar No. 47,431.

355 Mich. 536 (1959)

94 N.W.2d 796

KOTESKY v. DAVIS.

Supreme Court of Michigan.

Decided February 20, 1959.


Attorney(s) appearing for the Case

Ira D. Bare, for plaintiffs.

Howard J. Bueche, for defendants.


DETHMERS, C.J.

This is an appeal from a decree for specific performance of a land contract. Plaintiffs have paid the purchase price in full. Defendants refuse to convey and have served notice of intention to forfeit the contract on the ground that plaintiffs have violated its restriction reading as follows:

"The above land shall be used for residential and/or agricultural purposes only. The above land shall not be used as a storage or sales place for used...

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