JANES v. HOPE E.U.B. CHURCH

Docket No. 58, Calendar No. 47,776.

359 Mich. 561 (1960)

103 N.W.2d 420

JANES v. HOPE EVANGELICAL UNITED BRETHREN CHURCH.

Supreme Court of Michigan.

Decided June 6, 1960.


Attorney(s) appearing for the Case

McCobb, Heaney & Dunn (James R. Hale, of counsel), for plaintiffs.

Vander Veen, Freihofer, Cook & Bryant, for defendants.


SMITH, J.

The issue upon which this case turns is one of procedure. It arises out of an order vacating a decree for specific performance after claim of appeal had been filed.

It was decreed on July 25, 1957, that the plaintiffs (sellers) might have specific performance of a certain instrument. The defendants had insisted that it was merely an option but the chancellor held otherwise. He concluded that it was "an absolute offer of purchase," and decreed specific...

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