Burton v. Adkins

Citations

• 2 Del. Ch. 125

Syllabus

<p>The complainant and the defendant, A. entered into a paroi contract for an exchange of lands—the complainant agreeing to convey a tract of woodland and pay $300.00 in cash—the defendant, A. agreeing to convey, together with his wife, a tract of marsh, the title to which was held by the wife. Possession was mutually delivered. It was agreed that the parties should meet at the house of Gr. F. to execute conveyances ; but such meeting was delayed and never took place. The defendant, A. cut off the timber from the woodland delivered into his possession under the contract. Afterward the defendant, A., without any tender of performance on his part,- or demand upon the complainant for the execution of the contract, sold and conveyed the marsh to the defendant, I. On bill filed by the complainant for a specific performance,</p> <p>Held, that the defendant, A. was not entitled to abandon the contract and to re-sell the marsh, without first tendering to the complainant a deed for the marsh and demanding performance on his part; that, under the circumstances, the complainant was not in loches.</p> <p>Held further, that the defendant, A. was not entitled to abandon the contract, after having cut the timber off the woodland and thereby substantially destroyed its value, so that the complainant could not be placed in statu quo.</p>