A Treatise on the Specific Performance of Contracts: As it is Enforced by Courts of Equitable Jurisdiction, in the United States of America |
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A Treatise on the Specific Performance of Contracts as It Is Enforced by ... John Norton Pomeroy No preview available - 2019 |
Common terms and phrases
acceptance action at law acts agent agreed Allen applied Barb Beav binding Blackf breach C. E. Green chattels circumstances cited compel compensation Conn consideration convey court of equity damages decisions decree a specific defendant Dessau doctrine equitable remedy fact formance Freem Gill grant Gratt H. L. Cas Hare held Iowa Johns jurisdiction L. J. Ch lease legal remedy Lord Lord CRANWORTH Lord ELDON Lord REDESDALE marriage memorandum ment mutuality N. J. Eq Ohio St P. F. Smith Paige parol parol evidence party payment person plaintiff possession principle provisions purchaser R'y Co reason refused relief rule Sandf sell specific execution specific performance specifically enforced statute of frauds stipulations subject-matter sufficient suit tract ultra vires vendee vendor verbal agreement verbal contract Vern Watts Wend Wisc writing
Popular passages
Page 104 - In the following cases the agreement is void unless the same, or some note or memorandum thereof, expressing the consideration, be in writing and subscribed by the party to be charged, or by his lawfully authorized agent...
Page 128 - There is no doubt that where such an agreement is made, it is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents in making the contract, so as to give the benefit of the contract on the one hand to, and charge with liability on the other, the unnamed principals...
Page 102 - Every contract for the leasing for a longer period than one year, .or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.
Page 446 - And even when time is not thus either expressly or impliedly of the essence of the contract, if the party seeking a specific performance has been guilty of gross laches, or has been inexcusably negligent in performing the contract on his part; or if there has, in the intermediate period...
Page 100 - ... upon any agreement that is not to be performed within the space of one year from the making thereof ; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing...
Page 48 - The discretion which may be exercised in this class of cases is not an arbitrary or capricious one, depending upon the mere pleasure of the court, but one which is controlled by the established doctrines and settled principles of equity. No positive rule can be laid down by which the action of the court can be determined in all cases. In general it may be said that the specific relief will be granted when it is apparent, from a view of all the circumstances of the particular case, that it will subserve...
Page 126 - How can that be said to be a contract, or memorandum of a contract, which does not state who are the contracting parties ? By this note it does not at all appear to whom the goods were sold. It would prove a sale to any other person as well as to the plaintiffs.
Page 48 - In general, it may be said that the specific relief will be granted when it is apparent, from a view of all the circumstances of the particular case, that it will subserve the ends of justice ; and that it will be withheld when, from a like view, it appears that it will produce hardship or injustice to either of the parties.
Page 295 - If a man, having no knowledge whatever on the subject, takes upon himself to represent a certain state of facts to exist, he does so at his peril; and, if it be done either with a view to secure some benefit to himself, or to deceive a third person, he is in law Chap. XXVI. guilty of a fraud, for he takes upon himself to warrant his own belief of the truth of that which he so asserts.
Page 102 - ... be in writing, and be subscribed by the party by whom the lease or sale is made. unless such agreement, or some note or memorandum thereof, be in writing, and subscribed by the party to be charged therewith: 1. Every agreement that, by its terms, is not to be performed within one year from the making thereof.