Carter v. Schrader
Supreme Court of Iowa
Appeal from Poioeshieh District Court. — Henry Silwold, J udge. The petition of appellant, praying specific performance of a contract entered into between himself and the appellee, was dismissed on the merits. Plaintiff and appellant appeals.
1Opinion of the CourtSalinger, J.
I. Appellees invoke the general rule that *1246there is a discretion in the decision of a suit for specific performance, and urge that the trial court correctly exercised that discretion in dismissing the petition of plaintiff. Appellant does not challenge the general rule, but contends that the discretion is not an arbitrary, but a sound judicial discretion. We adhere to the general rule, and hold, also, that its application has the limitations which appellant asserts. We agree that specific performance should not be granted unless the contract meets the conscientious approval of the court, and…
2Cases cited3 opinions
- New York Brokerage Co. v. WhartonSupreme Court of Iowa · 1909
- Mitchell v. MutchSupreme Court of Iowa · 1917
- Heins v. Thompson & Flieth Lumber Co.Wisconsin Supreme Court · 1917
3Cited by9 opinions
- Cohen Bros. Iron & Metal Co. v. Shackelford Brick Co.Supreme Court of Iowa · 1924
- Durband v. NeySupreme Court of Iowa · 1923
- Schooler Motor Co. v. Bankers Trust Co.Supreme Court of Iowa · 1933
- Orr v. GraybillSupreme Court of Iowa · 1946
- Finch v. GatesSupreme Court of Iowa · 1930
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