Lowrie v. Gourlay, 71 N.W. 174 (Mich. 1897). · Go Syfert
Lowrie v. Gourlay, 71 N.W. 174 (Mich. 1897). Cases Citing This Book View Copy Cite
5 citation events across 2 distinct courts.
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LOWRIE
v.
GOURLAY
Michigan Supreme Court.
May 11, 1897.
71 N.W. 174
Charles C. Stewart, for appellants., James H. Pound, for appellee.
Grant, Other.
Cited by 2 opinions  |  Published
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.