Kimball v. West
Supreme Court of the United States
Appeal from the Circuit Court for the District of Missouri. Kimball and Trask brought their bill in chancery against West, to rescind a contract for the sale of laud of which they were purchasers from him. The contract was an executed one, West having conveyed the land — about four hundred acres in quantity — to the complainants’ agent, who had conveyed to them, and the purchase-money (§22,000) having been paid.
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Appeal from the Circuit Court for the District of Missouri. Kimball and Trask brought their bill in chancery against West, to rescind a contract for the sale of laud of which they were purchasers from him. The contract was an executed one, West having conveyed the land — about four hundred acres in quantity — to the complainants’ agent, who had conveyed to them, and the purchase-money (§22,000) having been paid. The deed of West, the defendant, contained a clause of general warranty. The allegation mainly relied on by the bill to set aside the contract ivas that the defendant represented to…
1Opinion of the CourtJustice Miller
We are of opinion that the decree of the court below was clearly right. The plaintiffs had paid their money and accepted of the defendant his deed with a clause warranting the title. For any defect in that title the law gave them a remedy by an action on the covenant. But when, declining to pursue that remedy, they apply to a court of equity to rescind the whole contract, thereby compelling the defendant to repay the sum of $22,000, and receive back the title which he had conveyed to the plaintiffs, the necessity of such a decree to obtain the ends of justice must be very clear before it will…
2Cases cited2 opinions
- Hepburn and Dundas's Heirs v. Dunlop & Co.Supreme Court of the United States · 1816
- Galloway v. FinleySupreme Court of the United States · 1838
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- Boring v. JungersCourt of Appeals of Maryland · 1960
- Reeves v. McClainCourt of Appeals of Washington · 1989
- Bakken v. PriceWyoming Supreme Court · 1980
- Blake v. Pine Mountain Iron & Coal Co.Court of Appeals for the Sixth Circuit · 1896
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