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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.

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