Legal Opinion

Fallon v. Railroad Co.

U.S. Circuit Court for the District of Missouri

Decided July 1, 1870No. Case No. 4,629PublishedCited by 4 opinions

1Opinion of the Court

DILLON. Circuit Judge.

The main purpose of the bill is to compel the defendant specifically to execute the contract of the 13th day of August, 1869. 'Whether equity will decree a specific performance or leave the parties to their remedy at law, rests in the discretion of the court to be exercised in view of the special circumstances of the particular case. And the settled rule is that equity will leave or remit the parties to law where the remedy in the legal forum is plain, adequate, and complete. But if the remedy there is doubtful or inadequate, or will not so completely effectuate justice,…

2Cited by4 opinions

  1. Bomer v. CanadayMississippi Supreme Court · 1901
  2. Pattison v. SkillmanNew Jersey Court of Chancery · 1881
  3. Strang v. Richmond, P. & C. R. Co.U.S. Circuit Court for the District of Eastern Virginia · 1899
  4. McCann v. South Nashville Street RailroadCourt of Appeals of Tennessee · 1877

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