The Right of a Defaulting Vendee to the Restitution of Instalments Paid

Abstract

The question whether a vendee of land, who defaults after having paid one or more instalments of the price, can maintain an action for the recovery of any part of such instalments, is but a subordinate part of a larger problem. When can any contractor who is himself in default get judgment for compensation for a part performance rendered by him? It is a question of vital import to building contractors, sellers and buyers of goods, employees who have quit service or have been discharged for cause, as well as to vendees of land. In all these cases alike, there are conflict and inconsistency and differences of opinion as to what public policy and the general welfare require. The position of the defaulting vendee, however, has generally not been consciously related to the other types of cases.