Carberry v. Tannehill
Court of Appeals of Maryland
Appear from a decree of the Court of Chancery, dismissing the bill of complaint praying for the specific performance of an agreement to convey land. The facts appear in the decree of the chancellor.
1Opinion of the Court
Hanson, Chancellor,
(11th February 1801.) The jurisdiction exercised by this court with respect to agreements, although long since settled, seems to be little understood. The great leading principle is, that whether or not this court, on application, will compel a specific performance of a contract, is a matter of sound discretion, -on consideration of all the circumstances, and from those circumstances it must appear, not only that the contract was in all respects full, fair and honest in the beginning, but that the performance of it may be fairly and conscientiously required. This court will…
2Cited by4 opinions
- Brooks v. Towson Realty, Inc.Court of Appeals of Maryland · 1960
- Cherbonnier v. EvittsCourt of Appeals of Maryland · 1881
- Waters v. HowardCourt of Appeals of Maryland · 1849
- Crane v. JudikCourt of Appeals of Maryland · 1897