Bank of Louisville v. Baumeister
Court of Appeals of Kentucky
Case 2 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. I. A contract to be specifically enforced must be mutual. The requisite mutuality includes both a mutuality- of legal rights and a mutuality in the equitable remedy. An “ option to purchase ” can not be specifically enforced, and conveys no title, legal or equitable, in land to the holder of the option, and a mortgage of the option- conveys nothing.
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Case 2 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. I. A contract to be specifically enforced must be mutual. The requisite mutuality includes both a mutuality- of legal rights and a mutuality in the equitable remedy. An “ option to purchase ” can not be specifically enforced, and conveys no title, legal or equitable, in land to the holder of the option, and a mortgage of the option- conveys nothing. (Addison on Contracts, section 320; Story on Contracts, section 387; Pry on Specific Performance, section 166; Pomeroy on Specific Performance, section 162; Sutcliffe v. Brooks, 14 M.…
1Opinion of the Court
JUDGE LEWIS
delivered the opinion of the court.
September 14, 1883, by written contract between them, Mrs. V. H. Bullitt leased to George Spalding, for the term of five years, for an agreed rent, a lot of land situated in the city of Louisville, which contract contained a provision, the principal subject of controversy, and hereafter mentioned. September 22, 1883, Spalding made a contract with appellee, Baumeister, for the erection upon the lot of a warehouse, for which he ivas to pay five thousand seven hundred dollars in ten semi-annual installments, appellee Olds agreeing to become surety…
2Cited by28 opinions
- Litz v. GooslingCourt of Appeals of Kentucky · 1892
- Chapman v. Great Western Gypsum Co.California Supreme Court · 1932
- David Roth's Sons, Inc. v. Wright and Taylor, Inc.Court of Appeals of Kentucky (pre-1976) · 1961
- Murphy, Thompson & Co. v. ReedCourt of Appeals of Kentucky · 1907
- Landon v. MoreheadSupreme Court of Oklahoma · 1912
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