[DOWNLOAD] "Whitcomb v. Murphy" by Supreme Court of Montana * Book PDF Kindle ePub Free

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eBook details

• Title: Whitcomb v. Murphy
• Author : Supreme Court of Montana
• Release Date : January 29, 1933
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

1. Vendor and Purchaser — Evidence insufficient for jury. In suit by vendor against purchaser to rescind and cancel a contract for sale of land, evidence of purchasers default or breach of terms of contract, upon which rescision might be based, was insufficient for jury. 2. Equity — Equity Maxim. He who comes into equity must come with clean hands. 3. Contracts — Right of termination. Where a contract gives a party thereto the right to terminate it in a certain contingency, such party has no right to terminate it arbitrarily. 4. Contracts — Notice — Compliance. Where a particular form of notice, or notice for a given length of time, is stipulated for in contract, exact compliance therewith is necessary, and giving of prescribed notice is absolutely an essential prerequisite to rescission or cancellation of contract. 5. Equity — Equity Maxim. He who seeks equity must do equity. 6. Vendor and Purchaser — Effect of default after rescission. Where vendor of land wrongfully, and without complying with terms of contract, gave notice of rescission, and on following day wrongfully commenced groundless suit for rescission and, after suffering adverse judgment, appealed, doubtless to keep purchaser and those dealing with him in state of uncertainty until term originally fixed in contract should expire, any default on part of defendant as may have occurred after date of purported rescission would not justify vendor in declaring contract either forfeited or terminated, and court would extend term of contract to compensate for time consumed in the litigation.

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