In writing, and is certain, fair in all its parts, for an adequate consideration, and capable of being performed, it is as much a matter of course for a court of equity to decree specific performance of it as it is for a court of law to give damages for... The Northampton County Reporter - Página 121921Visualização integral - Acerca deste livro
| 1885 - 968 páginas
...influence the discretion of the court, it is as much a matter of course for a court of equity to decree its specific performance as it is for a court of law to give damages for its breach." Section 1402. In the view we take of this case, the contract sought to be enforced is,... | |
| 1894 - 1170 páginas
...pert'ormed, it Is as much a matter of course for courts of equity to decree specilic performance of it as it is for a court of law to give damages for the breach. 2 Beach, Eq. Jur. S «3(5; Tied. Eq. Jur. § 493. The second objection to the jurisdiction is based... | |
| Sir Edward Fry - 1884 - 868 páginas
...& B., nature of the discretion In specific perform. 288. ance. 1 Rule as to upecijic performance.] It is as much a matter of course for a court of equity, sitting as such, to decree the specific performance of a contract, as for a court of law to give damages... | |
| 1885 - 548 páginas
...CONTRACT— SPECIFIC PERFORMANCE— MISTAKE— REFORMATION.— If a contract respecting real property be in writing, and is certain, fair in all its parts,...for a court of equity to decree specific performance of it, аз it is for a court of law to give damages for a breach of it. Smoot v. Rea, 19 Md. 398.... | |
| Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1885 - 760 páginas
...all respects fair, and there are no insurmountable difficulties in the way of a specific performance, it is as much a matter of course for a court of equity to decree specific performance of the contract as it is for a court of law to award damages for its breach. Grcmaway v. Adams, 12... | |
| West Virginia. Supreme Court of Appeals, Edgar P. Rucker - 1885 - 940 páginas
...1. When an executory contract forthe saleof land is unobjectionable in its nature and circumstances, it is as much a matter of course for a court of equity to decree its specific execution, as it is for a court of law to give damages for its breach, (p. 473.) 2. A... | |
| 1885 - 1000 páginas
...it possesses none of the features which in ordinary language, influence the discretion of the court, it is as much a matter of course for a court of equity to decree its specific peformanpe, as it is for a court of law to give damages for its breach:" Sec. 1,402. In... | |
| 1903 - 1156 páginas
...party, but of sound discretion in the court, yet if a contract respecting real property le in writiug, and is certain, fair In all Its parts, for an adequate...for a court of equity to decree specific performance of It as It Is for a court of law to give damages for a breach of It Smoot v. Rea, 19 Md. 398." Poppleln... | |
| 1915 - 1138 páginas
...possesses none of those features which, in ordinary language, influence the discretion of the court— it is as much a matter of course for a court of equity...performance as it is for a court of law to give damages for its breach." 4 Pom. Eq. § 1-102. [7] All that is shown here on which to base a claim that the case... | |
| Ohio. Supreme Court - 1886 - 800 páginas
...its execution according to the prayer of the vendor will vest a marketable title in the purchaser, it is as much a matter of course for a court of equity to decree specific performance of it as it is for a court of law to award damages for its breach. St. Paul's Division v. Brown, 9... | |
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