Knick v. Humphries

BY JUDGE ROSCOE B. STEPHENSON, JR.

Having maturely considered the law and the evidence presented, I conclude that Mr. Knick is not entitled to specific performance.

“In order for a litigant to avail himself of the remedy of specific performance, ‘he must show that he has been able, ready, prompt, eager and willing to perform the contract on his part. He must not have remained quiet or held himself aloof so as to enforce or abandon the contract as events might prove advantageous’.” Keutt v. Jordan, 207 Va. 869, 873, 153 S.E.2d 197, 200 (1967); Mundy v. Hesson, 215 Va. 386, 391, 209 S.E.2d 917,…