Wilson v. Brumfield

Indiana Supreme Court

Wilson v. Brumfield

8 Blackf. 146, 1846 Ind. LEXIS 81

CourtIndiana Supreme Court

DecidedJuly 15, 1846

StatusPublished

Cited by3 cases

This text of 8 Blackf. 146 (Wilson v. Brumfield) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilson v. Brumfield, 8 Blackf. 146, 1846 Ind. LEXIS 81 (Ind. 1846).

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Opinion

A PURCPIASER of real estate cannot be compelled to take only a part of the land for which he has contracted. If he cannot get the whole, he has a right to rescind the contract; but he has also a right, generally, to insist that the vendor shall perform the contract so far as he is able, and make compensation in damages for the breach of that part of it which he cannot perform. 2 Story’s Eq., sect. 779. — Paton v. Rogers, 1 Ves. & B. 351. — Todd v. Gee, 17 Ves. 273.— Waters v. Travis, 9 Johns. 450. — 1 Sugd. Vend- 319.

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A PURCPIASER of real estate cannot be compelled to take only a part of the land for which he has contracted. If he cannot get the whole, he has a right to rescind the contract; but he has also a right, generally, to insist that the vendor shall perform the contract so far as he is able, and make compensation in damages for the breach of that part of it which he cannot perform. 2 Story’s Eq., sect. 779. — Paton v. Rogers, 1 Ves. & B. 351. — Todd v. Gee, 17 Ves. 273.— Waters v. Travis, 9 Johns. 450. — 1 Sugd. Vend- 319.

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Bluebook (online)

8 Blackf. 146, 1846 Ind. LEXIS 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-brumfield-ind-1846.

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