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112 Mich. 641

Lowrie v. Gourlay

Michigan Supreme Court

Decided May 11, 1897

Michigan Supreme Court · decided 1897-05-11

Assumpsit by Charles J. Lowrie. against James Gourlay and others for an alleged breach of a land contract. From a judgment for plaintiff, defendants bring error. The parties to this suit entered into a written contract December 6, 1889, by which the defendants agreed to sell to plaintiff certain parcels of land for $700,—$240 on delivery of the contract, and the remainder in three semiannual payments, with interest.

Cited by 2 later decisions — most recently February 1899

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1897-05-11

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Grant, J.

¶1(after stating the facts). Plaintiff has no standing in a court of law. He neglected to pay and has never tendered the amount due. The court cannot make a contract for him. Defendants have never been in default. If he desires to be relieved from the legal effect of his default in making payments, a court of equity is the proper and only forum in which he can get relief. He entered that forum, and filed a bill under which he was entitled to specific performance. This was tendered him and declined. He is therefore estopped to maintain a suit at law.

¶2Judgment reversed, and no new trial ordered. Defendants will recover the costs of both courts.

The other Justices concurred.
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