Samuel Nelson

“ That the vendor should be allowed to keep this large sum, and the land too, is revolting to conscience.
The equity of the appellants rests upon the definite rule of law and justice, which prescribes that the parties, upon the rescission of a contract, shall be replaced in statu quo ante. ”

“ Here there is nothing to be relieved against. The rights of the parties are fixed and determined by law; and no compensation in damages can be made by this court now to the appellee, in lieu of benefits and rights which he has surrendered by releasing the appellants on their liability under the contract, and relinquishing the advantages of his sale, upon finding that the appellants were obstinate in their default and refusal to perform the contract and pay up the purchase-money. [17]
II. As to the alleged promise to grant further delay or forbearance. ”

“ That the party who has advanced money, or done an act in part-performance of the agreement, and then stops short and refuses to proceed to its ultimate conclusion, the other party being ready and willing to proceed and fulfil all his stipulations according to the contract, will not be permitted to recover back what has thus been advanced or done. ”

“ The purchase-money was made payable in nine instalments, each being for $4300, except the last, payable April 28th, 1861, which was for $90,000. The lots had on them at the time two wooden houses and a barn. ”