[Download] "John N. Ahl, Appellant v. Roswell B. Johnson" by United States Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: John N. Ahl, Appellant v. Roswell B. Johnson
- Author : United States Supreme Court
- Release Date : January 01, 1857
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Mr. Bradley contended that the parties meant to make time of the essence of the contract: 1st. Because of the stipulations in respect to the payment of the purchase-money. 2d. Because of the purposes contemplated in the sale, &c. IV. It was competent for the parties to make time of the essence of the contract; and if that intention clearly appears, a court of equity will not assist him who is in default. (Sugden on Vendors, ch. 8, sec. 3, pl. 32 to 36 inclusive; see Note 2 to Harrington v. Wheeler, 4 Ves., 689; see cases collected in note (a) same case, p. 686, American notes; Lloyd v. Collett, 4 Bro. Ch., 469, and American notes.) V. The facts that he went into possession and improved the property, and paid part of the purchase-money, do not relieve him from his default, if time was of the essence of the contract. Nor do they aid in arriving at the intent of the parties.
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