Tapp v. Nock
Court of Appeals of Kentucky
Case 62 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. Hock, by his contract, represented that he owned the property, and would make good title; and he was bound to do so in a reasonable time. He did not own or acquire title in a reasonable time; nor did he show diligence or readiness in trying to make title; and, therefore, should not have specific performance. (Story’s Eq.
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Case 62 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. Hock, by his contract, represented that he owned the property, and would make good title; and he was bound to do so in a reasonable time. He did not own or acquire title in a reasonable time; nor did he show diligence or readiness in trying to make title; and, therefore, should not have specific performance. (Story’s Eq. Jur., sec. 776.) 2. The-property was bought in a period of rapid speculation in land, and with a view to resell at once, while the inflated market lasted; and this was known to Nock. This made time the…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellants, having seen the real estate in controversy advertised in. the Courier-Journal for sale by Stratton & Co., real estate agents, on the 28th day of March, 1887, applied to them for the purpose of purchasing it. The application resulted in the following agreement:
“Louisville, Ky., March 28, 1887.
“ Mr. Samuel L. Nock:
“We will give you six thousand seven hundred and twenty dollars, payable one-third cash, balance in one •and two years, six per cent, and lien, for your property, ninety-six by two hundred feet, situated on the east side…
2Cases cited2 opinions
- Smith v. CanslerCourt of Appeals of Kentucky · 1885
- Woodson's Administrators v. ScottCourt of Appeals of Kentucky · 1833
3Cited by13 opinions
- Easton v. MontgomeryCalifornia Supreme Court · 1891
- Provident Loan Trust Co. v. McIntoshSupreme Court of Kansas · 1904
- Baker v. HowisonSupreme Court of Alabama · 1925
- Ferguson v. Harris & SpeakesCourt of Appeals of Kentucky · 1923
- Consolidated Realty Co. v. Richmond Hotel & Building Co.Court of Appeals of Kentucky (pre-1976) · 1934
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