Roberts v. Lovejoy

Citations

• 25 Tex. 437

Syllabus

<p>Nothing can be more clearly settled, than that a court of equity will not decree the specific performance of a contract in favor of a party who refuses performance in whole or in part.</p> <p>Where the plaintiff has refused to pay a portion of the purchase-money, it makes no difference that Ms refusal was sanctioned by the judgment of the justice; it was none the less a disaffirmance of the contract on his part, and released the other party from his obligation to perform.</p> <p>A party cannot disaffirm a contract in part, and at the same time hold the other party to the whole of his undertaking.</p>