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ZENKO v. BOUCHER

Docket No. 20303.

60 Mich. App. 699 (1975)

233 N.W.2d 30

ZENKO v. BOUCHER

Michigan Court of Appeals.

Decided April 25, 1975.

Attorney(s) appearing for the Case

James W. Bussard, for plaintiff.

Hubbell, Blakeslee, McCormick & Houlihan, for defendant.

Before: ALLEN, P.J., and N.J. KAUFMAN and O'HARA, JJ.

N.J. KAUFMAN, J.

I concur with my brother O'HARA that abandonment of this contract to purchase is not sustained by the evidence. However, I do not agree that it follows, a fortiori, that defendant is entitled to specific performance of the contract on his counterclaim. One further question remains: Was plaintiff-seller justified in terminating the contract of sale because defendant failed to complete the purchase...

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