Where the wife fails to join in the execution of the land contract with her husband, specific performance cannot be compelled as to her dower interest, and she is not even a proper party defendant.37 In such cases it has been held that specific performance will be granted, against the husband for a conveyance of his interest in the real estate, and deducting from the purchase price compensation for the present value of the wife's contingent right of dower.38 In many of the states a different rule

211; Aspell v. Hosbein, 98 Mich. 117; Acme Electrical Co. v. Van Derbeke, 127 Mich. 341 (89 Am. St. Rep. 476); Berston v. Gilbert, 180 Mich. 638.

33. Pomeroy Equity Jur., Sec. 2210; Pomeroy Equity Jur., Sec 949.

34. Cragg v. Holmes, 18 Ves. 14 note 12; Pomeroy Eq. Jur., 2nd Ed., Sec. 2210.

35. See Pomeroy Eq. Jur. Supra;

Corrigan v. Rolph, 265 111. 107 N. E. 155.

36. Elliott on Contracts, Sec. 2296.

37. Solomon v. Shewitz, 185 Mich. 631; Weed v. Terry, A Doug. (Mich.), 344 (45 Am. Dec. 257); Richmond v. Robinson, 12 Mich. 193; Buchoz v. Walker, 19 Mich. 224; Phillips v. Stauch, 20 Mich. 369.

38. In Walker v. Kelly, 91 Mich.

prevails and equity will not decree specific performance against a vendor, where the wife of such vendor refuses to convey her inchoate dower interest in the land which he has contracted to sell on the ground that compulsion upon the husband would tend to cause him to procure his wife's conveyance of dower against her will.39