case from the general rule (Michigan) · Go Syfert
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case from the general rule in Michigan

7 Michigan opinions name it 2 courts 1965–2025 1 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Ebling v. Masco Corporationgreen
michctapp · 1977 · cited in 1 Michigan opinions naming this issue, 1978–1978
2 sentences

1978See Ebling v Masco Corporation, 79 Mich App 531 ; 261 NW2d 74 (1977).

1978See Ebling v Masco Corporation, 79 Mich App 531 ; 261 NW2d 74 (1977).

11
McLain v. Howaldgreen
mich · 1899 · cited in 1 Michigan opinions naming this issue, 1965–1965
1 sentence

1965See McLain v. Howald, 120 Mich 274, 276, 277 (77 Am St Rep 597), relied upon in Lozell. 7 For example, Proctor v. Clark (1891), 154 Mass 45 ( 27 NE 673 , 12 LRA 721), involved a devise to testator’s wife for life, then to testator’s brother “if then living; but if he is not then living, then to convey the same in fee to his then heirs at law.” Mr. Justice Holmes properly held that the devise to the heirs expressly conditioned their taking upon survival of the life tenant (see 2 Simes & Smith, The Law of Future Interests § 734 [2d ed, 1956]), .and noted (p 48) that the word “then” qualifying th

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
City of Kalamazoo v. Richland Township green
michctapp · 1997
1 sentence

2025Id. at 537-538 .

12025–2025
Holton v. Ward green
michctapp · 2014
1 sentence

2015Accordingly, under the rulings in Thompson and Hudson, as well as Holton, 303 Mich App at 727-728 , the fact that Lake Adrian was created by damming a natural watercourse does not exempt the case from the general rule.

12015–2015
Lynas v. Maxwell Farms green
mich · 1937
1 sentence

1980Id., pp 435-439. 3 Lynas, supra, p 687 . 4 It said that "distinguishing features, promises, or consideration in addition to services to be rendered remove a case from the general rule”.

11980–1980
Whitestone Savings & Loan Ass'n v. Allstate Insurance green
ny · 1971
2 sentences

1978Finally, as stated in Whitestone Savings & Loan Ass’n v Allstate Ins Co, 28 NY2d 332, 337 ; 321 NYS2d 862 ; 270 NE2d 694 (1971), "to allow the mortgagee, after effectively cutting off or discouraging lower bidders, to take the property — and then establish that it was worth less than the bid —encourages fraud, creates uncertainty as to the mortgagor’s rights, and most unfairly deprives the sale of whatever leaven comes from other bidders”.

1978Finally, as stated in Whitestone Savings & Loan Ass’n v Allstate Ins Co, 28 NY2d 332, 337 ; 321 NYS2d 862 ; 270 NE2d 694 (1971), "to allow the mortgagee, after effectively cutting off or discouraging lower bidders, to take the property — and then establish that it was worth less than the bid —encourages fraud, creates uncertainty as to the mortgagor’s rights, and most unfairly deprives the sale of whatever leaven comes from other bidders”.

11978–1978
Hackett v. Foodmaker, Inc. green
michctapp · 1976
2 sentences

1977In Hackett v Foodmaker, Inc, 69 Mich App 591, 594 ; 245 NW2d 140 (1976), lv den, 399 Mich 823 (1977), this Court emphasized that distinguishing features, promises, or consideration in addition to services to be rendered remove a case from the general rule: ’’(C)ontracts for personal services for permanent employment or for life are considered indefinite hirings, terminable at the will of either party, in the absence of distinguishing features or promises or a consideration in addition to the services to be rendered.” (Emphasis in original.) We hold that the trial court did not err in denying t

1977In Hackett v Foodmaker, Inc, 69 Mich App 591, 594 ; 245 NW2d 140 (1976), lv den, 399 Mich 823 (1977), this Court emphasized that distinguishing features, promises, or consideration in addition to services to be rendered remove a case from the general rule: ’’(C)ontracts for personal services for permanent employment or for life are considered indefinite hirings, terminable at the will of either party, in the absence of distinguishing features or promises or a consideration in addition to the services to be rendered.” (Emphasis in original.) We hold that the trial court did not err in denying t

11977–1977
In re O'Connell neutral
mich · 1977
2 sentences

1977In Hackett v Foodmaker, Inc, 69 Mich App 591, 594 ; 245 NW2d 140 (1976), lv den, 399 Mich 823 (1977), this Court emphasized that distinguishing features, promises, or consideration in addition to services to be rendered remove a case from the general rule: ’’(C)ontracts for personal services for permanent employment or for life are considered indefinite hirings, terminable at the will of either party, in the absence of distinguishing features or promises or a consideration in addition to the services to be rendered.” (Emphasis in original.) We hold that the trial court did not err in denying t

1977In Hackett v Foodmaker, Inc, 69 Mich App 591, 594 ; 245 NW2d 140 (1976), lv den, 399 Mich 823 (1977), this Court emphasized that distinguishing features, promises, or consideration in addition to services to be rendered remove a case from the general rule: ’’(C)ontracts for personal services for permanent employment or for life are considered indefinite hirings, terminable at the will of either party, in the absence of distinguishing features or promises or a consideration in addition to the services to be rendered.” (Emphasis in original.) We hold that the trial court did not err in denying t

11977–1977
Proctor v. Clark green
mass · 1891
1 sentence

1965See McLain v. Howald, 120 Mich 274, 276, 277 (77 Am St Rep 597), relied upon in Lozell. 7 For example, Proctor v. Clark (1891), 154 Mass 45 ( 27 NE 673 , 12 LRA 721), involved a devise to testator’s wife for life, then to testator’s brother “if then living; but if he is not then living, then to convey the same in fee to his then heirs at law.” Mr. Justice Holmes properly held that the devise to the heirs expressly conditioned their taking upon survival of the life tenant (see 2 Simes & Smith, The Law of Future Interests § 734 [2d ed, 1956]), .and noted (p 48) that the word “then” qualifying th

11965–1965

Where else courts name it

NY 15 (1891–1998) TX 9 (1964–2011) MI 7 (1965–2025) CT 5 (1840–1986) CA 5 (1899–2008) AL 5 (1921–1996) TN 4 (2001–2024) WV 4 (1877–1990) NM 3 (2005–2008) GA 3 (1957–1978) LA 3 (1952–1956) MO 2 (1890–1968) MD 2 (1978–1994)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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