Bailey v. Grover

In Bailey v. Grover, 237 Mich 548, 554; 213 NW 137 (1927), the Supreme Court reversed the trial court's award of specific performance to the plaintiff, who had failed to exercise an option to purchase a piece of apparently vacant lakefront property according to its terms. The Court observed that the plaintiff paid nothing for the sixty-day option when he obtained it, and did nothing to execute it until the last minute and then failed to comply with his oral promises or the terms of the option within its time limit. The Court said: We are not highly impressed by plaintiff's proof of diligence, nor do we discover any overwhelming equities in his favor carrying the transaction beyond his strict legal rights. Thus, the Bailey Court recognized the possibility of granting equitable relief in an appropriate case.