 | Law - 1834 - 614 pages
...this subject, cannot be better expressed than in the language of the learned judge last mentioned. " Courts of equity decree the specific performance of...in the particular case, afford a complete remedy." L. 1 See generally on the subject of the performance of agreements for the grant of annuities Nield... | |
 | John Collyer - Partnership - 1840 - 1016 pages
...Honor very clearly explained the doctrine laid down by Lord Hardwicke. " Courts of equity," he said, " decree the specific performance of contracts, not...not in the particular case afford a complete remedy. Lord Hardwicke observed, that such sort of contracts as that in Taylor v. Neville differ from those... | |
 | Equity - 1841 - 692 pages
...says Sir J. Leach in his judgment in that case, "decree " specific performance of contracts not on any distinction between realty " and personalty, but because damages at Law may not afford a complete " remedy. A Court of Equity will not in general decree performance of " a contract... | |
 | John Sidney Smith - Equity pleading and procedure - 1842 - 766 pages
...erroneously supposed,) upon any distinction between real and personal estate ; but upon the ground, that damages at law may not, in the particular case, afford a complete remedy. Thus, courts of equity will deeree performance of a contract for land, not because of the partieular nature... | |
 | Samuel Owen - Law - 1849 - 404 pages
...was filed by the vendor of certain debts due to a bankrupt's estate, and theVice-Chancellor says," courts of equity decree the specific performance of...in the particular case afford a complete remedy," and in the same case he adds, " It is true, that the present bill is not filed by the purchaser, but... | |
 | Joseph Henry Dart - Real property - 1851 - 1234 pages
...erroneously supposed, upon any distinction between real estate and personal estate, but upon the ground that damages at law may not, in the particular case, afford a complete remedy. Thus, courts of equity will decree performance of a contract for land, not because of the particular nature... | |
 | Solomon Atkinson - Contracts - 1853 - 562 pages
...clear and pointed (4) Kemey v. Wexham, 6 Madd. 357. (c) Adderlcy v. Dixon, 1 S. & S. 612. style, " decree the specific performance of contracts, not...Court of equity decrees performance of a contract for the sale of land, not because of the real nature of the land, but because damages at law, which must... | |
 | Pennsylvania. Court of Common Pleas (Philadelphia County) - 1853 - 612 pages
...of land, not upon any distinction between realty and personalty, but because SPECIFIC PERFORMANCE. damages at law may not in the particular case afford a complete remedy. —DalzM\. Crawford, 42. Courts of Equity will not generally decree a specific performance of a contract... | |
 | New York (State). Supreme Court, John Anthon - Law reports, digests, etc - 1854 - 442 pages
...erroneously supposed) upon a distinction hetween real and personal estate, hut upon the ground that the damages at law may not, in the particular case, afford a complete remedy. Story, Eq. Jurisp., sec. 7I6, 4c. The inherent difficulties, in the case in the text, would have heen... | |
 | Frederick Thomas White, Owen Davies Tudor - Equity - 1859 - 924 pages
...equity jurisdiction does not proceed upon any distinction between real estate and personal estate; but because damages at law may not in the particular case afford a complete remedy. "This doctrine is thus laid down by Judge Story in his Commentaries, and is fully sustained by the... | |
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Courts of equity decree the specific performance of contracts, not upon any distinction between realty and personalty, but because damages at law may not, in the particular case, afford a complete remedy. 
