Lowrie v. Gourlay

Michigan Supreme Court
Lowrie v. Gourlay, 112 Mich. 641 (Mich. 1897)
71 N.W. 174; 1897 Mich. LEXIS 1028
Grant, Other

Lowrie v. Gourlay

Opinion of the Court

Grant, J.

(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.

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

The other Justices concurred.

Reference

Full Case Name
LOWRIE v. GOURLAY
Cited By
2 cases
Status
Published