Sampson v. Cottongim

OPINION op the Court by

Judge Richardson

Reversing.

The right to specific performance of a contract to convey land is the decisive question presented, herein. Such right is not an absolute one, hut rests entirely on judicial discretion, to he exercised according to settled principles of 'equity and not arbitrarily, yet always according to the facts of the particular case.

“An application for specific performance is an appeal to the sound discretion of the court and one of the principles which controls the exercise of this discretion is that specific performance of a contract will not be decreed…