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" 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 12
1921
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The Pacific Reporter, Volume 6

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,...
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The Pacific Reporter, Volume 34

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...
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A Treatise on the Specific Performance of Contracts

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...
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Albany Law Journal, Volume 30

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....
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Reports of Cases in the Supreme Court of Nebraska, Volume 17

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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 25

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...
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West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Volume 5

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...
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Atlantic Reporter, Volume 53

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...
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Atlantic Reporter, Volume 92

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...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 43

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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