Baldwin v. Salter
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the first circuit, denying a motion for a dissolution of an injunction. The bill was filed for the specific performance of a contract for the sale, to the complainant, of certain lands in the city of New-York, for which the defendant was to receive from him, in exchange, certain lands in the state of Illinois.
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This was an appeal from a decision of the vice chancellor of the first circuit, denying a motion for a dissolution of an injunction. The bill was filed for the specific performance of a contract for the sale, to the complainant, of certain lands in the city of New-York, for which the defendant was to receive from him, in exchange, certain lands in the state of Illinois. At the time the agreement was to be carried into effect, the complainant was unable to five a good title to the lands in Illinois, by reason of the existence of an incumbrance thereon which he did not disclose to the defendant…
1Opinion of the Court
The Chancellor.
It is a general rule, that a specific performance of an agreement may be decreed if the complainant is in a situation to perform on his part, and make a good title, when the cause comes before a court for a decree. But even if this case comes within that rule, so that the court would compel the defendant to take the Illinois lands if the complainant is able to make a perfect title at the time he asks for a decree, (which is certainly a matter of great doubt upon the facts disclosed in the defendant’s answer,) I think the vice chancellor erred in applying that rule to a motion…
2Cited by13 opinions
- Dresel v. JordanMassachusetts Supreme Judicial Court · 1870
- Bruce v. . TilsonNew York Court of Appeals · 1862
- Armstrong v. Maryland Coal Co.West Virginia Supreme Court · 1910
- Mahon v. LeechNorth Dakota Supreme Court · 1902
- Wilson v. CarpenterIndiana Supreme Court · 1878
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