Stickney v. Parmenter

Cooley, Ch. J.:

In this ease the specific performance of a contract for the sale of lands is resisted by the assignee of the vendor on the ground that the vendees had forfeited the contract by taking off timber from the land in violation of its conditions. The fact is admitted, but it is sought to be justified by a parol agreement with the vendor that the vendees might cut the timber in consideration of hastening the time for the payment of the purchase price. This agreement, if made at all, was made before the contract of sale was assigned, and was unknown to the assignee and unperformed at…