Hall v. Hartford

A careful consideration of the extensive record, of the many lengthy exhibits in this action and of the relations between the parties which they disclose fully convinces me, in the light of the authorities upon the subject, that, in the exercise of judicial discretion, a specific performance of the contract sued upon should not be enforced. In Winne v. Winne, 166 N. Y. 263, the rule was recently reiterated that the right to the specific performance of a con*135tract rests in judicial discretion, and may be granted or withheld upon a consideration of all the circumstances and in the exercise of a…