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EWING v. HEATHCOTT

Docket No. 86, Calendar No. 46,847.

348 Mich. 250 (1957)

83 N.W.2d 210

EWING v. HEATHCOTT.

Supreme Court of Michigan.

Decided May 17, 1957.

Attorney(s) appearing for the Case

Kopietz & Burau (Frank M. Kopietz, of counsel), for plaintiff.

Charles Bowles, for defendant.

EDWARDS, J.

In this case the seller of an old house, on a land contract, filed a bill of complaint for foreclosure, to declare the total sum due under the acceleration clause, and to repossess the premises. The purchaser filed a cross bill seeking rescission of the contract on grounds of fraud.

At trial plaintiff proved her case as to the contract and the delinquency thereon. The defendant failed to prove fraud warranting...

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