Bryan v. Lofftus's adm'rs
Supreme Court of Virginia
This was an appeal from a decree of the superior court of chancery formerly holden in the town of Staunton. The facts of the case, so far as they are material to the questions decided by the court of appeals, were stated by Cabell, P. at the lime of delivering his opinion, to be as follows : On the 10th day of October in the year 1818, Ralph A. Lojftus and Daniel Bryan entered into articles of agreement under their hands and seals, by which Lofftus sold to Bryan a tract of…
Read the full summary
This was an appeal from a decree of the superior court of chancery formerly holden in the town of Staunton. The facts of the case, so far as they are material to the questions decided by the court of appeals, were stated by Cabell, P. at the lime of delivering his opinion, to be as follows : On the 10th day of October in the year 1818, Ralph A. Lojftus and Daniel Bryan entered into articles of agreement under their hands and seals, by which Lofftus sold to Bryan a tract of land containing 370 acres more or less, lying on Middle river in Augusta county, at 40 dollars per acre, to be paid as…
1Opinion of the Court
Cabell, P.
Every application for the specific execution of a contract is addressed to the sound discretion of the court, and the result of the application will always depend upon the particular circumstances of the case; for he who asks equity must do equity; and the prayer will always be denied, when to grant it would be inequitable towards those against whom the prayer is made. I would refer to the opinion of chief justice Marshall in Garnet &c. v. Macon & al. reported in 6 Call 308. and in 2 Brock. Rep. 185. for an able review of the cases, and a satisfactory exposition of the law upon this…
2Cases cited1 opinion
- Garnett v. MaconU.S. Circuit Court for the District of Eastern Virginia · 1825
3Cited by10 opinions
- Max Meadows Land & Improvement Co. v. BradySupreme Court of Virginia · 1895
- Ford v. EukerSupreme Court of Virginia · 1889
- Givens v. ClemSupreme Court of Virginia · 1907
- The Friendschaft: MoreiraSupreme Court of the United States · 1819
- Johnson v. DouglassSupreme Court of Arkansas · 1894
5 more not listed; retrieve them via the Exa API.