Tyson v. Watts
High Court of Chancery of Maryland
[The object of the bill filed in this case was to procure the-specific performance of an agreement entered into on the 8th July, 1844, between the defendant, Thomas B. Watts, of Baltimore county, and Thomas Petherick, an unnaturalized foreigner, then residing in Philadelphia.
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[The object of the bill filed in this case was to procure the-specific performance of an agreement entered into on the 8th July, 1844, between the defendant, Thomas B. Watts, of Baltimore county, and Thomas Petherick, an unnaturalized foreigner, then residing in Philadelphia. By the terms of the agreement Watts was to permit Petherick to explore and work certain copper mines, on what he represented to be his farm, reserving to himself a certain portion of the profits; and Petherick was, before a certain day, to “commence proper operations for ascertaining by explorations the mineral prospects…
1Opinion of the Court
The Chancellor:
This, as has been remarked, is a bill for the specific performance of an agreement, and is, therefore, an application to the sound discretion of the court, which withholds or grants relief according to the circumstances of each particular case, as it presents itself. The discretion it is true, is not arbitrary and capricious, but sound and reasonable; adapting itself to, and being governed as far as practicable by general rules and principles, when those rules and principles are not in conflict with the justice of the case between the parties. There would seem to be no doubt,…
2Cited by6 opinions
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- Cooper v. ChittendenNebraska Supreme Court · 1891
- Harlow v. Oregonian Publishing Co.Oregon Supreme Court · 1904
- Hensel v. CalderCourt of Appeals of Maryland · 1920
- Becker v. MatthaiBaltimore City Circuit Court · 1902
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