Miswald-Wilde Co. v. Armory Realty Co.

(on rehearing). Upon further consideration of the nature and extent of a vendee’s lien, to which the interpleaded plaintiffs claim to be entitled by reason of the vendor’s breach of the land contracts involved in this action, we have concluded that the security afforded by that equitable lien should be limited to the amounts paid to the vendor on account of the purchase price, with interest thereon. In this action for equitable relief, that lien should not be extended to secure also the vendee’s loss of probable gain or profit, which it sustained by reason of the vendor’s breach. In that…