Hatch v. Cobb
New York Court of Chancery
BILL for a specific performance of a contract, on the part of the defendant, to sell land to the plaintiff. It appeared, from the pleadings and proofs, that the plaintiff had made default in the payments which, by the contract, were made a condition precedent to the conveyance.
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BILL for a specific performance of a contract, on the part of the defendant, to sell land to the plaintiff. It appeared, from the pleadings and proofs, that the plaintiff had made default in the payments which, by the contract, were made a condition precedent to the conveyance. That the defendant had accepted one small payment, subsequent to such default, but, that about six months thereafter, the defendant repeatedly called for payment, and gave notice, that if the plaintiff did not pay him, he should be obliged to part with his interest in the land agreed to be conveyed. No payment being…
1Opinion of the Court
The Chancellor.
A specific performance cannot be decreed. The defendant had fairly disabled himself before the suit was brought, and this was known to the plaintiff. He was not bound to wait any longer upon the plaintiff, but had a clear right to exact immediate payment, or else to part with his interest in the land to another; in order to meet his own convenience or necessities. It is doubtful how far the Court has jurisdiction to assess damages, merely in such a case, in which the plaintiff was aware, when he filed his bill, that the contract could not be specifically performed or decreed.…
2Cases cited2 opinions
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Benedict v. LynchNew York Court of Chancery · 1815
3Cited by24 opinions
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
- Gupton v. GuptonSupreme Court of Missouri · 1870
- Beal v. ChaseMichigan Supreme Court · 1875
- Saperstein v. Mechanics & Farmers Savings BankNew York Court of Appeals · 1920
- Thompson v. RobinsonTexas Supreme Court · 1899
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