Smith v. Krall

Citations

• 9 Idaho 535
• 75 P. 263
• 1904 Ida. LEXIS 74

Syllabus

<p>Contract to Convey Eeai Estate — When may be Enforced — Judgment Modieied. — Where K. enters into a written contract to convey certain real estate to S. on the payment of certain promissory notes, and the contract provides that the failure of B. to comply with the terms of the contract forfeits all rights he may have by virtue thereof, and he does so fail to meet the payments after repeated demands for payment, a court of equity will not declare a specific performance on his showing that A. had also violated the contract. Under the facts of this case, held, that neither party has Complied with the terms of the contract sued on, and a court of equity will place the parties as nearly in statu quo as possible. ,</p> <p>(Syllabus by the court.)</p>