McKnight v. Broadway & Fourth Avenue Realty Co., 273 S.W. 32 (1925)

Citation: McKnight v. Broadway & Fourth Avenue Realty Co., 273 S.W. 32 (1925)
Parent Document: McKnight v. Broadway & Fourth Avenue Realty Co., 273 S.W. 32 (1925)
Jurisdiction: Kentucky (state)
Effective Date: 1925-06-05
Original Source: https://www.courtlistener.com/opinion/3455309/mcknight-v-broadway-fourth-aven... ↗

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That this was not error seems to us too obvious to admit of serious discussion. The chief insistence for appellants, in support of their many complaints of the judgment, is that the chancellor has made a different contract for the parties from the one they themselves made, in violation of their right to contract as they please, which is clearly not true. He has simply held that a failure strictly to comply with the contract they made will not work a forfeiture, where the failure of appellee so to comply was either agreed to or acquiesced in with knowledge .by appellants, and where, too, appellants have sustained and will sustain no material damage because thereof, and a forfeiture would impose great and unconscionable losses upon appellee, and correspondingly enrich them.

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