DETROIT EDISON COMPANY v. MALBURG

Civ. A. No. 14824.

148 F.Supp. 361 (1957)

The DETROIT EDISON COMPANY, a New York corporation, Plaintiff, v. Edward C. MALBURG and Mary Malburg, Defendants.

United States District Court E. D. Michigan, S. D.

January 11, 1957.


Attorney(s) appearing for the Case

Harvey A. Fischer, Leon R. Jones, Fischer, Sprague, Franklin & Ford, Detroit, Mich., for plaintiff.

Raymond R. Cashen, LaBarge, Kramer, Hudnut & Cashen, Roseville, Mich., for defendants.


LEVIN, District Judge.

This is an action for specific performance of a contract which gave the plaintiff an option to purchase a certain parcel of land from the defendants. The defendants allege either mutual mistake of fact, or mistake by the defendants coupled with unconscionable conduct by the plaintiff, and filed a cross complaint seeking rescission or reformation of the contract.

I am satisfied that there is no evidence that the plaintiff's conduct was...

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