Eastern Oregon Land Co. v. Moody
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Oregon. Suit in equity by Z. F. Moody against the Eastern Oregon Eand Company to compel specific performance of a contract for the sale of land, in which defendant filed) a cross-bill for cancellation of the contract. Decree by Circuit Court (180 Fed. 532) for complainant, and defendant appeals. Reversed, with instructions.
1Dissent
GII/BKRT, Circuit Judge
(dissenting). There are certain salient facts in this case, which, it seems to me, present insuperable obstacles to the most inequitable -result which will follow from the conclusion reached by the majority of this court:
The contract, while it makes time of the essence thereof, contains no provision that failure to make' payments, either of principal or interest when due, shall work a forfeiture or be ground for rescission. All that is prescribed as the penalty for default is that, in case the purchaser shall make default in the payment of any one or more of the sums of…
2Cases cited28 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Boone v. TemplemanCalifornia Supreme Court · 1910
- Loud v. Pomona Land & Water Co.Supreme Court of the United States · 1894
- Frink v. ThomasOregon Supreme Court · 1891
- Kelsey v. CrowtherSupreme Court of the United States · 1896
23 more not listed; retrieve them via the Exa API.