Fleming's Heirs v. Duncan

■ The proof of canceling the contract is not clear and satisfactory, and, therefore, the inferior court did right in decreeing a specific performance. But the terms on which it was decreed are unjust, as the proof of payment of the consideration money is equally as doubtful as the proof respecting the canceling of the contract, and the appellants’ producing the bond for £250 without any credit; the proof of payment devolved on the appellee, who has not satisfactorily proven it; there is error, therefore, in so much of the decree as directs a specific performance upon the payment of only £35,…