Tough v. Netsch

1. The defendant argues that the plaintiff should not have judgment in this case because of the rule that equity will not lend its aid to enforce either a penalty or a forfeiture or to divest an estate for breach of condition subsequent. Ricker v. Blanchard, 45 N. H. 39, 47; Smith v. Jewett, 40 N. H. 530, 534. It is unnecessary to inquire at this time whether the unqualified language used in these cases correctly states the law (see 21 C. J., Tit. Equity, s. 81), for the obvious answer to the defendant’s argument is that the plaintiff is not seeking equitable aid for this purpose. The action…