Lowrie v. Gourlay
Cases that cite this one
2 later published cases cite this decision.
- Kreibich v. Martz (Mich. 1899)
- Satterlee v. Cronkhite (Mich. 1897)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
(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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.