Michigan Supreme Court, 1897

Lowrie v. Gourlay

Lowrie v. Gourlay
Michigan Supreme Court · Decided May 11, 1897 · Grant, Other
112 Mich. 641; 71 N.W. 174; 1897 Mich. LEXIS 1028

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.

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