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A Just Judgment

A Just Judgment image
Parent Issue
Day
27
Month
January
Year
1886
Copyright
Public Domain
OCR Text

T! CIRCUIT t'ouUT-Kor tho County o Washtenaw JunlusE. BmI and Phebo B. Kral, Exeou km i the last will nnd testument of Klc A. Bral, üeceased, s. Jacob A. PolhemuK. Thlscasewn8 trled before me 011 thc Kith day nf December, 1885, at the re ('"-' of Hou. C. Jmlja, tli presidium Jn4e of said ( ürcuit Court. The ptrtta waived h jury- and the trial was beforc tlie court without a Jury- t the court houw in tüe city of Ann Arbor. At the conclusión of tho trial both parties by tlieir attorueys requested a fnuling ol tact ind conclusión of law. Messrs. SawyerA Knowlton, represented the plaintilf, and Messrs. Lswrence & Klnne rep resmited the defendant. The aotloa va auly prosecuted und defended ijy the em Inent counsel engaeed In tbe trial, and took time t consider the issue made bc twicn the parties. I have done Sú. ti lid that the plaintift", Juuius E. fteal wa the nephew and adopted son of Ric v Beal; tbat Hice A. TU-il dicd Ootober 2d 1H83; tlmt he left a last will and testa ment. by whlch among other thlngs he appoluted tlie plalutlra execittors, and as such executors they gave the bond re quired by law before tuis sult was broujilit; that the will of Kice A. Bea was duly presentad to and admitted t( probate, and probated In probate court lor the countv f Washtenaw before thc givintí of said bond by the pialotifls in this case, whereupon letters testamentary issucd by said plaintiffs. That diUDiig tlio assets i't the said Rice A. Beitl, deceased, and whlch eame into the 'ïatlds of the pUüntiffs as executor of said wifl, wa a in .to or contract of whlch tBS tollowing; is a copy ; "As Aküoi:, Mk ii., Doe. SI, 1881. On or before the Ihirtuflrst day oj December, eiyhleen hundred and cighty-tliree, lor value recelved, I promised to puy to Klce A. Keal or bearer, slx hundi-cü dollars Thls noto Is LivinoQ condltlon that said Uloe A. Beal. nlabelrs or ussigus shatl erect a li]diu on the noiili .-ast córner of Ann and Main street, ou blook im, North of Huron street In the City of Ann Arbor, and that satd building Bhall on or betore the .Tlst dy of Deoember, 18S-! be oceupied as a post office. Ihis i-i. lesliall become operailvoand duras non ns tlie Post-offloe Is moved into suld builüins. If the bniidinu i not erected and tlie posL-olïkv nut placed thereln before tlie 311 day of Decemner, 1SS3, then thls noto will becume nuil and void. , "(Slgued) .1. a. l'OLHEMUS." I Qnd asa ('riet, t!iat thi.s note or contract on whlch tliis snit Is founded was one among seyeral ivin to lílee A. Beal by persons wlo owoed property ou the ;-ame stieet aud on the same block on whlch Rice A. Beal owned tho lot on whicii he was to erect tho building, anti that the detciulant and othera w inlluencÉd to do so by the prospectire inprqTement of the value and rental of tiieir property by the erectlon of web building by KlcrA. Baal, of the value of between twenty juul. thirty thousand dollan on this vacant lot nt the north-eiist corner ol Ann md Main streets, on block tWOl tliat thii nele wilh the ollicrs were the induecment orl'ered to Kice A. B('al tor the erectlon uf tlie building ; that the post office at thc time of glvlng this note by plaintil! waa locatcd at Huron street, one block toath of the site of the new building conteraplated, nul had been there for over 15 years nunediately preceeding December :!lst. issi tliat the looatlng of the post-offlee in the Beal bloc-k wlien completed was supposed by the parties contributiug, and regarded by them a desirable means of drawing the public to ttie street and block on which the new building was to be placed, and that t would Ikï khs bmaoi oí enhanciug their property in the block. I further lind that but for these contracta Hice A. I5eal would not have erected said building; that they were a part of me eonsiuerauon or cioing so. i una :iUo that tho post-)fflce at Aun Arbor ñus mored luto the new building erected bv Rice A. Beal, January lst, 1883, and has beun used ns llie site of the post-offlce ever sime; that llie building had been l'ully eompleted befare December 31st, ÍSW ; that its ercction and couipletion cost betweeu tweUty-flvo and thirty tUousand dollars. I lind that tho contract made by defendant beoame due and payable IJec. 31 st, Itiü'i ; that no part has been paid, and that thcie is iinpnid thercon the prliiolpal aud two ycar's interest, making in all six hundicd and eiguty-four dollars on the lirgt day or' January, A. D. 1886, SGSI.OO I also find that the defendant was indebted to plaintill "s testator at the time of hls death . . 23.50 ' 713.50 I also tí tul that at the time of the death of Rice A. Beal he was indebted in account to the defeudant in the suin of 181.75 That he is entitled to one year's interest on the 6ame . . 12.72 $194.47 Balance due the estáte of Uice A. Beal, $518.03 I tind, further, that the contract between the defendant and Rice A. Beal waa a valid contract; that there was a valnable consideration for the same; that thore was no fraud or over reaching in the same on the part of said Beal: that the contract was not in contraventíon of iny law, nor contrary to public policy, and was lawful betweeu the parties thereto; and I fuilher lind that Rice A. Beul in aecurlng the poat-offlcu to be placed and loi-ated in bis buUdin(f us'.'d noundue inlliii'iice upon any dupartment, or offlcers of the go ver n ment; and was not jruilty of any corruption, or corrupt pro ceedinji in niaUing iucb contact, and did nu more thaii m bonomble man mlbt do in renting bis bnildiog to the governraeot for the use of tlie post-olBce at Ann Arbor. As a conclusión ot law, I tind the plaintiffs entitled to recover jiidgnicut againHt the defeudant over and above the set off allowed, the sum of $518.03, with interi-.-l t rom Jaiiuiiry lst, 1886. Let judirineiit be eutered for game.