Mathews v. Caldwell

The controversy in this case arises mainly over the construction a written contract of sale of oil, gas, and minerals in and under land. The controlling vendor sued for liquidated damages. It was held in the courts below that he could not recover because he was himself in default. The wording of the contract is important in the consideration of all of the questions • that arise, and especially those requiring inquiry as to whether the abstract that was furnished was sufficient, if legally good as against objections “pointed out,” though defective otherwise in both form and substance; whether,…