Garcin v. Pennsylvania Furnace Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed November 10, 1902, to compel the Pennsylvania Furnace Company to perform a certain agreement in writing dated August 27, 1902, as amended and extended by a supplemental agreement dated October 7,1902, by delivering a deed of property of that company, as described in the opinion, or, in the alternative, for relief from a forfeiture of $2,500 in cash and two thousand shares of stock of the Pennsylvania Furnace Company, deposited by the plaintiff with the…
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Bill in equity, filed November 10, 1902, to compel the Pennsylvania Furnace Company to perform a certain agreement in writing dated August 27, 1902, as amended and extended by a supplemental agreement dated October 7,1902, by delivering a deed of property of that company, as described in the opinion, or, in the alternative, for relief from a forfeiture of $2,500 in cash and two thousand shares of stock of the Pennsylvania Furnace Company, deposited by the plaintiff with the Federal Trust Company under the terms of the contract, and praying for a decree settling the amount of damage incurred…
1Opinion of the CourtKnowlton, C. J.
The plaintiff, by his bill in equity, seeks first, specific performance by the defendants of a contract for a sale to the plaintiff of most of the property of the defendant corporation. The bill shows that, at the time the contract was to be performed, the defendants were ready and willing to perform it, but the plaintiff was not ready, and was unable to perform, his part. Under such circumstances, specific performance ordinarily cannot be decreed, and never when time is of the essence of the contract. Thaxter v. Sprague, 159 Mass. 397. Carter v. Phillips, 144 Mass. 100. Rice v. D ’Arville,…
2Cases cited7 opinions
- Barnard v. LeeMassachusetts Supreme Judicial Court · 1867
- Guerin v. StacyMassachusetts Supreme Judicial Court · 1900
- Garst v. HarrisMassachusetts Supreme Judicial Court · 1900
- Keefe v. FairfieldMassachusetts Supreme Judicial Court · 1903
- Thaxter v. SpragueMassachusetts Supreme Judicial Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Wheaton Building & Lumber Co. v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Porter v. HarringtonMassachusetts Supreme Judicial Court · 1928
- Jones v. Mississippi Farms Co.Mississippi Supreme Court · 1917
- Preferred Underwriters, Inc. v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1923
6 more not listed; retrieve them via the Exa API.