Legal Opinion

Smith v. Cansler

Court of Appeals of Kentucky

Decided November 3, 1885PublishedCited by 21 opinions

Case 54 — PETITION EQUITY — APPEAL PROM CHRISTIAN CIRCUIT COURT. 1. The modern rule is, that although the title of the vendor was de-fective when the contract was made, or even at the date of the-institution of the suit for a rescission, yet, if time is not of the essence of the contract, the Chancellor will give the vendor an opportunity to perfect his title, if he can do so within a reasonable-time. (Logan, &c.,.v.

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Case 54 — PETITION EQUITY — APPEAL PROM CHRISTIAN CIRCUIT COURT. 1. The modern rule is, that although the title of the vendor was de-fective when the contract was made, or even at the date of the-institution of the suit for a rescission, yet, if time is not of the essence of the contract, the Chancellor will give the vendor an opportunity to perfect his title, if he can do so within a reasonable-time. (Logan, &c.,.v. Bull, 78 Ky., 618; Woodson v. Scott, 1 Dana, 471; Craig v. Martin, 3 J. J. Mar., 53; Cotton v. Ward, 3 Mon., 313.) '2. The facts of this case show that time was not of the…

1Opinion of the Court

JUDGE HOLT

delivered the opinion of the court.

The appellee, Polk Cansler, being in possession of 'the property as the tenant of the appellant, Gf. W. Smith, they entered into the following contract;

“This contract, made and entered this 21st day of October, 1882, between Gr. W. Smith' and Polk ■ Cansler, witnesseth:
*369“That said Smith has sold to said Cansler Ms livery, feed and sale stable, on corner of Russellville and Yirginia streets, in the city of Hopkinsville, for the sum of ($3,500) thirty-five hundred dollars — deed .to be made, payment made and notes executed on .Monday next. Gf. W.…

2Cases cited1 opinion

  1. Woodson's Administrators v. ScottCourt of Appeals of Kentucky · 1833

3Cited by21 opinions

  1. Easton v. MontgomeryCalifornia Supreme Court · 1891
  2. Phinizy v. GuernseySupreme Court of Georgia · 1900
  3. Litz v. GooslingCourt of Appeals of Kentucky · 1892
  4. Provident Loan Trust Co. v. McIntoshSupreme Court of Kansas · 1904
  5. Posey v. KimseyCourt of Appeals of Kentucky · 1912

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