“Our equitable powers do not extend so far as to permit us to disregard fundamental principles of the law of contracts, or arbitrarily to force upon parties contractual obligations, terms or conditions which they have not voluntarily assumed.”
How later courts described this case
- “Our equitable powers do not extend so far as to permit us to disregard fundamental principles of the law of contracts, or arbitrarily to force upon parties contractual obligations, terms or conditions which they have not voluntarily assumed.”
- optionee, as opposed to contract vendee, has merely a contract right to acquire a property interest
Written by the judges who cited it.
The opinion
On Petition for Rehearing
By the Court,
HORSEY, J.:
The petition for rehearing in the above-entitled cause is hereby denied.
Taber, C. J., concurs.
Eather, J., did not participate.