Norris v. Clark
Supreme Court of New Hampshire
Bill in Equity, for the specific performance of a contract by which the defendants agreed to convey to the plaintiff, for the sum of 115,000, certain interests in the estates of their mother and brother, embracing both real and pei’sonal property. . The case was heard at the May term, 1908, of the superior court before Pike, J., who found that at the date of the contract the interests conveyed were worth a very substantial sum in excess of $7,250, in addition to the amount…
Read the full summary
Bill in Equity, for the specific performance of a contract by which the defendants agreed to convey to the plaintiff, for the sum of 115,000, certain interests in the estates of their mother and brother, embracing both real and pei’sonal property. . The case was heard at the May term, 1908, of the superior court before Pike, J., who found that at the date of the contract the interests conveyed were worth a very substantial sum in excess of $7,250, in addition to the amount which the plaintiff had agreed to pay. The court also found specifically that the consideration of the contract was…
1Opinion of the CourtParsons, C. J.
The fact is found that it would, under the circumstances of the case, be inequitable to decree specific performance of the contract. This finding authorizes a dismissal of the bill. 2 Sto. Eq. Jur., ss. 750, 769; Eaton v. Eaton, 64 N. H. 493, 498; Eastman v. Plumer, 46 N. H. 464, 479. A decree for specific performance is not a matter of right to which a party is entitled upon proof of the contract, but rests in the sound discretion of the court, which grants or withholds the relief according to all tiie circumstances of the case. 2 Sto. Eq. Jur., s. 742;. Eastman v. Plumer, supra; Pickering…
2Cases cited3 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Seymour v. DelancyNew York Supreme Court · 1824
- Lee v. KirbyMassachusetts Supreme Judicial Court · 1870
3Cited by7 opinions
- State v. WrenSupreme Court of New Hampshire · 1914
- Manchester Dairy System, Inc. v. HaywardSupreme Court of New Hampshire · 1926
- Emerson v. KingSupreme Court of New Hampshire · 1978
- Gabrielson v. HoganCourt of Appeals for the Eighth Circuit · 1924
- Twombly v. LordSupreme Court of New Hampshire · 1907
2 more not listed; retrieve them via the Exa API.