Farnell v. Brady

1. The court did not err in overruling the general and special demurrers to the petition.

2. “He who would have equity must do equity and give effect to all equitable rights in the other party respecting the subject-matter of the suit.” • Civil Code (1910), § 4521. Accordingly, as a general rule, a *210petition to a court of equity to cancel a contract representing the sale of property, where there is no return or offer to return the consideration, is demurrable. An exception to the general rule stated above is that “a party is not obliged to return that which he is entitled to retain,” as alleged…