Hawkeye Securities Fire Insurance v. Central Trust Co.

(dissenting). — The remedy asked for is the equitable one of specific performance. The letter which, as a contract, is sought to be enforced by specific performance does not, on plaintiff’s own evidence, correctly express the agreement and intent of the parties, which were that defendant “would agree to repurchase or take it [the security sold] back at any time if the same became in default;” not, “if this mortgage is ever foreclosed, * * * we will repurchase * * *” Neither the agreement as it was made nor the letter sued upon as the contract, when properly interpreted, as it seems to me,…