Smith v. Shepherd
Supreme Court of Iowa
Appeal from Zee District Oowrt. Action in equity to enforce a specific performance of a contract for the conveyance of real estate. Plaintiff’s petition dismissed. Plaintiff appeals. The necessary facts are stated in the opinion.
1Opinion of the CourtDay, J.
We deem it necessary to consider only the following question, viz.: Is the contract in question so fair, just and reasonable in all its parts that a court of equity will interpose to decree a specific performance thereof ?
The exercise of the branch of equity jurisprudence respecting the specific performance of contracts is not a matter of right in either party. It is a matter of sound and reasonable discretion in the court, governing itself as far as practicable *254by general rules and principles, but at the same time withholding or granting relief according to the circumstances of each…
2Cases cited1 opinion
- Young v. DanielsSupreme Court of Iowa · 1855
3Cited by13 opinions
- New York Brokerage Co. v. WhartonSupreme Court of Iowa · 1909
- Dunlop v. WeverSupreme Court of Iowa · 1930
- Zundelowitz v. WebsterSupreme Court of Iowa · 1896
- Clayburg v. WhittSupreme Court of Iowa · 1969
- Moetzel v. KochSupreme Court of Iowa · 1904
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