Summary

Waggoner v. Flack — Opinion of the Court

The act of February 23, 1885, was a mere enactment, declaring the law to be as therein stated, upon the subject of a remedy for a violation by a purchaser of the obligations of his contract, and it did not assume to bind the hands of any future legislature that might think proper to deal with the subject. There was no promise or contract expressed in the statute that the state would not enlarge the remedy or grant another on account of the purchaser's violation of his contract, and we think no such contract is to be implied.
Source: Wikisource

Waggoner v. Flack — Opinion of the Court

What particular remedy then existed by which the state might enforce the obligations of the contract made by the purchaser is not material in this aspect of the case. It is true that the remedy for the enforcement of a contract sometimes enters into the contract itself, but that is where an endeavor has been made to so change the existing remedy that there is no effective and enforceable one left, or the remedy is so far impaired that the party desirous of enforcing the contract is left practically without any efficient means of doing so
Source: Wikisource

Waggoner v. Flack — Opinion of the Court

As the act of 1879 made the interest payable on the 1st of March in each year, and the subsequent acts extended the time for the payment of the moneys for lands sold under their authority to the 1st of August, it is contended that the purpose and effect of the act of 1885 were to place the purchasers of lands under all acts upon the same footing as to the time for the payment of interest.
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature