Specific performance may be invoked against the vendor by the vendee as well as by the vendee against the vendor.12 For the mutual exchange of lands, where the deeds were executed and placed in escrow, and all conditions precedent were fulfilled,13 although no reason is perceived why, the other essential factors being present, a contract to exchange lands could not be compelled at the instance of either party by specific performance. This remedy

7. If the plaintiff has been guilty of fraud, deceit, or overreaching, specific performance will be denied. Lake Erie Land Co. v. Chilinski, 197 Mich. 21; Rust v. Conrod, 47 Mich. 449; Coryell v. Hotchkiss. 130 Mich. 400.

Of if the contract is oppressive, Realty Co. v. Shaffer, 176 Mich. 639.

8. Hawley v. Sheldeon, Harr. Ch. 420; Wardell v. Williams, 62 Mich. 50; Maynard v. Brown, 41 Mich. 298; Chapman v. Morgan, 55 Mich. 125; McDonald v. Bewick, 51 Mich. 80.

9. Hicks v. Turck, 86 Mich. 214; Monro v. Edward, 86 Mich. 91; Rathbone v. Groh, 137 Mich. 373; Munch v. Schnable, 37 Mich. 166;

Chambers v. Livermore, 15 Mich. 381; Eames v. Eames, 16 Mich. 348.

10. Pingle v. Connor, 66 Mich. 187; Blancard v. Detroit L. & L. R. Co., 31 Mich. 43; Weed v. Tor-rey, 2 Doug. Mich. 344; Bourget v. Monroe, 58 Mich. 563; Buck v. Smith, 29 Mich. 166; Green v. Bay City R. Co., 158 Mich. 436; San-quirisce v. Benedetti, 1 Bar. 315.

11. See Sec. 97, 113, 114, Post.

12. Arthur v. Cheboygan, 156 Mich. 152; Loveridge v. Shurtz, 111 Mich. 618; Hicks v. Turck, et al., 72 Mich. 311; Cole v. Cole Realty Co., 169 Mich. 347; 36 Cyc. 686; Pomeroy Equity Jur. 2 Ed. 2169.

13. Bowman v. Gork, 106 Mich. 163.

may also be invoked in case of lands lying outside of the state so long as the court has jurisdiction of the person of the defendant 14 and could order the proper conveyances, and the same principle holds true in compelling specific performance of lands lying in other counties from where the court is sitting.15 Where the contract in writing stipulated that the vendee or any person she might designate within a certain period would be entitled to a deed upon payment of the purchase price, the court decreed the assignee of vendee is entitled to specific performance.16

A vendee in possession under a land contract charges a purchaser from the vendor with notice of his rights under the contract17 and specific performance cannot be had against the vendor so as to defeat his right.

Where the premises have been conveyed to a bona fide purchaser before the hearing, the court will in some cases enter a decree for damages, in lieu of specific performance.18 Where defendants owning a fractional interest of the property came into ownership of all after signing the contract for such fractional interest, the court will decree specific performance of only the fractional interest.19

Frequently in connection with the remedy for specific performance, the plaintiff requests other important relief such as -reformation of an instrument which he seeks to have specifically performed, or seeks relief from forfeiture of a land contract, and to have the contract specifically performed, as a necessary complement to the relief from forfeiture, or in proper cases, all three remedies, might be invoked in the same action.20

14. Hull v. Turk, 72 Mich. 31.

15. Niemelta v. Teakkle, 210 Mich. 590.

16. Craig v. Crossman, 209 Mich. 463.

17. Slatkin v. Schuman, 210 Mich. 513.

18. Morussa v. Timerowski, 204 Mich. 271.

19. Wayne v. Beeman, 211 Mich. 361.

20. See Chap. 12, Post reformation of instruments; Lozon v. McKay, 203 Mich. 365, where relief from forfeiture granted and the contract ordered specifically performed. Likewise John v. McNeal, 167 Mich. 148; Staces Chancery Practice Secs. 624 to 628.

If the abstract is defective the vendee may waive such defect and enforce specific performance.21

Where the vendor seeks specific performance against the vendee, he may pray for and obtain a decree for a vendor's lien on the land until such time as the payment of the purchase price.22

In a note to a subsequent section we have appended a list of the Michigan cases where relief of specific performance has been granted 23 and also a note to another section where relief has been denied.24

Sec. 98. Applications Of The Remedy (Continued)

Laches on the part of the plaintiff in bringing his action may be sufficient to defeat the action. But the rule is otherwise where the party seeking relief is a minor or incompetent person.25 Where the delay in taking action does not injure the other party and is warranted by the circumstances it will be no defense.26 If the plaintiff has been guilty of overreaching or has not disclosed facts which the situation of the parties made it incumbent upon him to disclose - specific performance will be denied.27 Where the contract is ambiguous in its terms, the courts will decline to enforce it.28 In the accompanying note we have collected the Michigan cases where the relief of specific performance has been denied.29