KIMBALL v. WEST


82 U.S. 377 (1872)

15 Wall. 377

KIMBALL v. WEST.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. R.T. Merrick, for the appellants:

Mr. J.O. Broadhead, contra.


Mr. Justice MILLER delivered the opinion of the court.

We are of opinion that the decree of the court below was clearly right. The plaintiffs had paid their money and accepted of the defendant his deed with a clause warranting the title. For any defect in that title the law gave them a remedy by an action on the covenant. But when, declining to pursue that remedy, they apply to a court of equity to rescind the whole contract...

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