Aston v. Robinson
Mississippi Supreme Court
Appeal from the chancery court of Marshall county. Hon. DeWitt Stearns, Chancellor. The opinion of the court contains a sufficient statement of the case.
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Appeal from the chancery court of Marshall county. Hon. DeWitt Stearns, Chancellor. The opinion of the court contains a sufficient statement of the case. The jurisdiction of a court of chancery to decree the specific performance of contracts, is simply this: That an award of damages at law will not give a party the compensation to which he is entitled ; that is, will not put him in a situation as beneficial to him as if the agreement were specifically performed. 1 Hare & Wall Lead. Gas. Eq., 577, 578; Harnett v. Yielding, 2 S. & M., 553. Specific performance is never a matter of right, but of…
1Opinion of the CourtSimRall, J.
William Robinson filed his bill in chancery, against C. S. Aston, M. R. Aston and W. O. Rutherford, for specific performance of a contract' of sale, of a certain tract of land made by Robinson to C. S. Aston. This contract was dated the 30th of January, 1865. The consideration of the sale, was certain negroes, (slaves) delivered at the time, and two parcels of cotton, one to be delivered 1st November, 1865, and the other the 1st November, 1866. Robinson executed a bond to Aston, to convey, on 'the performance by Aston of his part of the contract. Aston has failed to make the payments as…
2Cases cited3 opinions
- Ash v. DaggyIndiana Supreme Court · 1855
- Daniel v. FrazerMississippi Supreme Court · 1866
- Hill v. SamuelMississippi Supreme Court · 1856
3Cited by3 opinions
- Roberts v. SpenceMississippi Supreme Court · 1968
- Johnson v. Ohio River RailroadWest Virginia Supreme Court · 1906
- United States v. Harrison CountyDistrict Court, S.D. Mississippi · 1967