Howell v. Northampton Railroad
Supreme Court of Pennsylvania
Appeal, No. 295, Jan. T.,'1904, by plaintiff, from decree of C. P. Northampton Co., Dec. T. 1903, No. 10, dismissing bill in equity in case of David W. Howell v. Northampton Railroad Company. Bill in equity for specific performance. Before Scott, J. The facts appear by the opinion of the Supreme Court. Error assigned was decree dismissing the bill.
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The bill in this case was properly dismissed. A decree for specific performance will not be made unless the legal obligation is clear and no injustice will result from its enforcement. It could not have been made in favor of the plaintiff without disregarding the express terms of the contract and the manifest equity of the defendant.
The plaintiff agreed to sell and the defendant to buy a tract of land 2,500 feet in length and about fifty feet in width for railroad purposes. The consideration was $1.00 and an annual rent of $250, to be extinguished on the payment of…
2Cases cited3 opinions
- Memmert v. McKeenSupreme Court of Pennsylvania · 1886
- Batley v. FoerdererSupreme Court of Pennsylvania · 1894
- Patterson v. ArthursSupreme Court of Pennsylvania · 1839
3Cited by10 opinions
- De Glopper v. Nashville Railway & Light Co.Tennessee Supreme Court · 1910
- Nimlet's EstateSupreme Court of Pennsylvania · 1930
- Ritter v. HillSupreme Court of Pennsylvania · 1924
- Perkinpine v. HoganSuperior Court of Pennsylvania · 1911
- Sandum v. JohnsonSupreme Court of Minnesota · 1913
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