¶1Equity will not lend itself to enforce a penalty or forfeiture, as it would do in giving the relief asked. The case made by the bill, is a forfeiture by one of defendants of all her rights in a contract made with complainant for the purchase of a lot of ground in the city of Detroit, and assigned to her. The house in question was built by the purchaser after he took possession of the lot; and complainant having put an end to the contract, for the non-payment of a part of the purchase money at the time stipulated, as by the terms of it he had a right to do, claims the house under the forfeiture, and asks an injunction to prevent its removal. The decree dismissing the bill must be affirmed.
9 Mich. 350
Crane v. Dwyer
Decided November 19, 1861
Michigan Supreme Court · decided 1861-11-19
Appeal in Chancery from Wayne Circuit. On the 17th day of September, 1858, Charles Dwyer, the husband of the defendant Harriet Dwyer, entered into an agreement with Albert Craue, the complainant, for the purchase of a certain lot in the city of Detroit, Dwyer was to pay for the lot |500 in small installments, running through a period of several years, and upon the full payment of the purchase money, Crane agreed to make him a warranty deed of the lot.
Good law ✅— No negative treatment on recordhow we know
Decided 1861-11-19
How this case has been cited
Cited by 10 later decisions — most recently October 1923
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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