Woollums v. Horsley
Court of Appeals of Kentucky
Case 98 — PETITION EQUITY APPEAL FROM BELL COURT OF COMMON PLEAS. The specific execution of a contract in equity is not a matter of absolute right in a party, but of sound.discretion in the court, and the chancellor will not decree specific performance unless the plaintitf comes with clean hands and shows that he has performed his part of the contract with promptness. (Petty v. Roberts, 7 Bush, 419 2 Story’s Eq.
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Case 98 — PETITION EQUITY APPEAL FROM BELL COURT OF COMMON PLEAS. The specific execution of a contract in equity is not a matter of absolute right in a party, but of sound.discretion in the court, and the chancellor will not decree specific performance unless the plaintitf comes with clean hands and shows that he has performed his part of the contract with promptness. (Petty v. Roberts, 7 Bush, 419 2 Story’s Eq. Jur., 769; Jones v. Noble, &c., 3 Bush, 694; Bigelow on Fraud, 450 ; Burnam v. Innis, 2 Bibb, 79; Turner v. Clay, 3 Bibb, 53; Butt v. Bondurant, 7 Mon., 422; Simon v. Wildt, &c., 84…
1Opinion of the CourtChief Justice Holt
In August, 1887, the appellant, John Woollums, was living upon his mountain farm of about two hundred acres in Bell county. He was then about sixty years old, uneducated, afflicted with disease disabling him from work, owned no other land, and but very little personal property. He knew but little of what was going on in the business world owing to his situation and circumstances in life. He moved in a small circle.
At this time the appellee, W. J. Horsley, who was then a man of large and varied experience in business; who was then buying mineral rights in that locality by the *584thousands of…
2Cited by12 opinions
- McDowell v. BiddisonCourt of Appeals of Maryland · 1913
- Ward v. HardingKentucky Supreme Court · 1993
- Bean v. BrownCourt of Appeals of Kentucky · 1924
- Stubblefield v. FarmerCourt of Appeals of Kentucky (pre-1976) · 1942
- Jones v. PrewittCourt of Appeals of Kentucky · 1908
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