Copeland v. Bennett

I am unable to agree with the construction adopted by the majority and the disposition made of this case. I have no inclination to argu'e at any considerable length, but merely to briefly point out my views.

It may be said in the beginning, in my opinion, the judgment of the trial court is not altogether free from question. This case does differ from the ordinary suit for the specific performance of a contract by an owner to sell his lands to another, as are the cases cited. In such cases if the party seeking specific performance fails to perform he suffers the consequences of his failure and…