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