Patterson v. Bloomer
Supreme Court of Connecticut
Bill in equity to compel the specific performance of a contract to convey a quarry and personal estate connected with it, brought to the Superior Court in Middlesex County, and tried before Carpenter, J. The contract was as follows :— “This Agreement made this 20th day of August, 1867, between Elisha Bloomer of the county of Westchester and state of New York, of the first part, and Charles G. Patierson of the city of New York, of the second part, witnesseth, “ That said…
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Bill in equity to compel the specific performance of a contract to convey a quarry and personal estate connected with it, brought to the Superior Court in Middlesex County, and tried before Carpenter, J. The contract was as follows :— “This Agreement made this 20th day of August, 1867, between Elisha Bloomer of the county of Westchester and state of New York, of the first part, and Charles G. Patierson of the city of New York, of the second part, witnesseth, “ That said party of the first part, in consideration of one dollar to him paid by said party of the second part, the receipt whereof is…
1Opinion of the CourtButler, J.
Applications of this character are addressed to the discretion of the court and will not be granted unless the contract is made according to the requirements of the law, and is fair, equitable, reasonable, certain, mutual, on good consideration, consistent with policy, and free from fraud, surprise or mistake.
The agreement set forth by the petitioner is made according to the forms of law, and is apparently fair, equitable, certain, and mutual, consistent with policy, and made on good consideration, and if there were nothing more in the case the petitioner would be entitled to the relief…
2Cited by12 opinions
- Morgan v. BellWashington Supreme Court · 1892
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Haussman v. BurnhamSupreme Court of Connecticut · 1890
- Kilday v. SchancuppSupreme Court of Connecticut · 1916
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