McFarland v. Reeve
Court of Chancery of Delaware
Bill fob speoifio pebfobmaítce.—On the 13th day of March, 1876, James McFarland filed in this court his bill of ■complaint against Benjamin A. Reeve, Peter L. Bonwill, Philemon C. Carter, and William T. Bradley, praying a decree for specific performance of a contract in writing, .alleged to have been entered into by Benjamin A. Reeve with the complainant, for the sale of a house and .lot in Felton.
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Bill fob speoifio pebfobmaítce.—On the 13th day of March, 1876, James McFarland filed in this court his bill of ■complaint against Benjamin A. Reeve, Peter L. Bonwill, Philemon C. Carter, and William T. Bradley, praying a decree for specific performance of a contract in writing, .alleged to have been entered into by Benjamin A. Reeve with the complainant, for the sale of a house and .lot in Felton. The instrument creating this contract, as stated by the complainant, was made on the 2d day of August, 1871, and as set forth by him in his bill is in these words: Received August 2, 1871, of James…
1Opinion of the Court
The Chancellor.
In considering the questions presented by the allegations and proofs, and in determining the rights of the parties, it is unnecessary to enlarge on the power of this court to compel specific performance in a case where, upon principles of equity, the complainant is entitled to such relief. The jurisdiction is well established and the course of practice clearly understood.
The case of the complainant rests wholly upon the contract ■stated in the bill, and upon his success in convincing the court of its fair and honest nature, and of the fulfillment on his part ■of the requisites…
2Cited by3 opinions
- Diamond State Iron Co. v. HusbandsCourt of Chancery of Delaware · 1898
- Cieniewicz v. SliwkaCourt of Chancery of Delaware · 1925
- Mensch v. GailCourt of Chancery of Delaware · 1908