Myers v. Smith

REYNOLDSON, Justice.

The fighting issue in this case is whether the equitable “clean hands” doctrine should control plaintiff’s action for specific performance of an oral contract with defendant Dennis M. Smith (hereinafter defendant). Trial court applied the doctrine to deny plaintiff affirmative relief. Upon his appeal, we affirm.

About May 1, 1967, plaintiff and defendant orally contracted to incorporate under the name of Associate Investments, Inc. for the purpose of constructing, selling and renting homes or apartment buildings. They agreed to share equally in the expenses and ultimate…