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Contracts Keyed to Marshall
Lenawee Co. Board of Health v. Messerly
Citation:
331 N.W.2d 203 (1982)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
In 1971, the Messerlys acquired approximately one acre plus 600 square feet of land. A three-unit apartment building was situated upon the 600-square-foot portion. The Messerlys used the building as an income investment property until 1973 when they sold it, upon land contract, to James Barnes. After inspecting the property, Mr. and Mrs. Pickles executed a new land contract with the Messerlys on March 21, 1977. Five or six days later, when the Pickleses went to introduce themselves to the tenants, they discovered raw sewage seeping out of the ground. Tests conducted by a sanitation expert indicated the inadequacy of the sewage system. The Lenawee County Board of Health subsequently condemned the property and initiated this lawsuit in the Lenawee Circuit Court against the Messerlys as land contract vendors, and the Pickleses, as vendees, to obtain a permanent injunction proscribing human habitation of the premises.
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