[DOWNLOAD] "County of Missoula Et Al. v. Lochrie" by Supreme Court of Montana # Book PDF Kindle ePub Free

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eBook details

• Title: County of Missoula Et Al. v. Lochrie
• Author : Supreme Court of Montana
• Release Date : January 15, 1928
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Specific Performance — Partnership Agreement — Equity — Decree in Favor of Plaintiff with Condition that Plaintiff Execute Mortgage to Secure Payment of Money Due to Defendant Upheld — Action to Remove Cloud Upon Title to Property not Proper Remedy. Specific Performance — Partnership — Decree in Favor of Plaintiff with Condition that he execute Mortgage to Secure Payment of Money due to Defendant Held Warranted under Equity Principles. 1. In an action for the specific performance of a provision in a partnership agreement to the effect that the defendant, to whom the plaintiff had conveyed real property to be used in their business, should make certain mortgage payments within a given time and that, if he falied to do so, the agreement should terminate and the plaintiff should again become the sole owner of the property, defendant to be entitled to repayment of money invested in the business, decree awarding specific performance with the condition attached, however, under the counterclaim of defendant, that plaintiff execute a mortgage on all the partnership property to secure the payment of the refund to defendant, the court finding that a Page 273 money judgment against plaintiff would probably be uncollectible, held sustained by the evidence. Equity — Principles — Jurisdiction. 2. A predominant principle of equity is, that "he who seeks equity must do equity;" the office of equity is to supplement, not to supplant, the law; and after a court of equity takes cognizance of a suit, it may administer complete relief even though doing so may involve the determination of legal rights which otherwise would not be within the range of its authority, and in awarding relief to one party it may impose conditions protecting and giving effect to correlative rights of the other, particularly in such a case as the one adverted to above involving partnership affairs. Specific Performance — Action to Remove Cloud from Title held not Proper Remedy. 3. Where under the terms of a partnership agreement one of the partners had conveyed to the other a half interest in real property with the condition that it should be reconveyed to him on failure of the other to make certain payments, which were not made, a suit brought by the former to compel the latter to execute and deliver to him a warranty deed to the interest, was one for specific performance and not one to remove a cloud from the title.

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