Smith v. Lawrence
Michigan Supreme Court
Appeal in Chancery from Muskegon Circuit. This was a bill to enforce the specific performance of a written contract for the sale of land. A cross bill was also filed by defendant, for the purpose of having- the contract cancelled and delivered up. A decree was rendered- in the court below dismissing the bill, and ordering the contract to be cancelled. The facts are stated in the opinion.
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Appeal in Chancery from Muskegon Circuit. This was a bill to enforce the specific performance of a written contract for the sale of land. A cross bill was also filed by defendant, for the purpose of having- the contract cancelled and delivered up. A decree was rendered- in the court below dismissing the bill, and ordering the contract to be cancelled. The facts are stated in the opinion. This court has uniformly assumed discretionary power in enforcing the specific performance of contracts, and, while declaring that the exercise of the jurisdiction could not be demanded, as a matter of…
1Opinion of the Court
Cooley J.
The specific performance of contracts must always rest in the sound discretion of the court; to be decreed or not as shall seem just and equitable under the peculiar circumstances of each case. It is frequently ordered in favor of a party who has been for a considerable period in default, if he has never abandoned the contract, and the ofher party has suffered nothing from the delay for which he can not be compensated in the decree. If, however, succeeding the default, there has been a considerable change in the value of the property, this may be reason sufficient for denying the…
2Cited by26 opinions
- Rust v. ConradMichigan Supreme Court · 1882
- Waller v. LiebermanMichigan Supreme Court · 1921
- Thompson v. RobinsonTexas Supreme Court · 1899
- Cohn v. Weiss Et Ux.Supreme Court of Pennsylvania · 1947
- Joffrion v. GumbelSupreme Court of Louisiana · 1909
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