City of Cleveland v. Herron

Citations

• 102 Ohio St. (N.S.) 218

Syllabus

<p>Deeds — Cancellation or rescission —Grounds for equitable relief — Breach of contract by grantee — Absence of forfeiture clause — Conveyance to municipality for park and boulevard — Delay in making stipulated improvements — Certificate of auditor that funds available — Section 3806, General Code.</p> <p>1. The equitable relief of cancellation and rescission of a deed conveying real estate will not be granted for a mere breach of contract.</p> <p>2. Failure of the grantee to perform a promise which formed the . ' whole or part of the consideration for the execution of a conveyance gives rise to no right of rescission in the grantor, where such failure was not expressly made a ground of forfeiture.</p> <p>3. Where a conveyance of real estate for park and boulevard purposes is made to and accepted by a municipality, the stated consideration whereof was the sum of $3000, which was paid, and the promise of the municipal authorities to improve said tract in the respects recited in the deed, “all of which shall be done as regards both manner and material pursuant to the direction and discretion of the board of public service * * * as rapidly as possibleand pursuant thereto a large sum of money is thereafter expended, the proposed improvement not being at any time abandoned, the grantor will not be awarded a decree of cancellation and rescission of the conveyance for delay in the prosecution and completion of such improvement, particularly where no ground of forfeiture is stated in the conveyance.</p>