PORTER V. HARRINGTON
159 N.E. 530 (1928)
NATURE OF THE CASE: This was a suit to compel an agreement to convey land. Harrington
(D), landowners, sought review of a decision, which entered a final decree compelling D to
specifically perform an agreement to convey land to Porter (P), purchaser.
FACTS: In 1919, Porter (P) made a contract with Harrington (D) to buy two parcels of
land. Payment for each parcel was $60 down and $10 per month until paid in full. One parcel
was conveyed to P in 1922 and the second remained unpaid with a balance of $578.54. From
January, 1923 until November 1926 P made partial and erratic payments totaling $160 with
taxes. The contract was very strict about payment on time and had a liquidated damages
clause for defaulting. During this time, D never voiced any kind of objection to the late
payments. On November 9, 1926, P offered to pay $30 more on the contract and D refused
stating that it was enforcing the contract provisions. P sued D. The trial court gave the
verdict to P. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment