Hamilton v. Fowlkes
Supreme Court of Arkansas
Appeal from Lafayette Qvreuit Court vn Ohcmeery. Hon. John Quillin, Circuit Judge. It is certainly good law, that a court will not enforce the specific performance of a contract, unless it is ee/rtavn.favr, cmd just, in all its parts, and a requisite of all such contracts is that the remedy must be mutual and reciprocal, for one party as well as the other. This agreement is not only “certain, fair, and just,” but the remedy is mutual and reciprocal.
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Appeal from Lafayette Qvreuit Court vn Ohcmeery. Hon. John Quillin, Circuit Judge. It is certainly good law, that a court will not enforce the specific performance of a contract, unless it is ee/rtavn.favr, cmd just, in all its parts, and a requisite of all such contracts is that the remedy must be mutual and reciprocal, for one party as well as the other. This agreement is not only “certain, fair, and just,” but the remedy is mutual and reciprocal. It is certainly true that this agreement does not show, upon its face, the exact quantity, or the particular description of the land to be…
1Opinion of the CourtChief Justice ENGlish
delivered tbe opinion of the Court.
This was a bill for specific performance, brought on the 2d December, 1847, in the Lafayette Circuit Court, by William E. Hamilton and others, devisees of Robert Hamilton, deceased, against Edward B. Eowlhes, a purchaser, and Priscilla S. Car-rington and others, heirs at law of Robert Carrington, deceased.
The bill charges, that many years before the district of public lands situated in said county, and known as Lost Prairie, was surveyed, Robert Hamilton and Robert Oarrmgton settled, enclosed, and cultivated, adjoining plantations in said prairie, which were…
2Cases cited11 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Marshall v. FiskMassachusetts Supreme Judicial Court · 1809
- Grimstone v. CarterNew York Court of Chancery · 1831
- Governeur v. LynchNew York Court of Chancery · 1830
- Johnston v. GwathmeyCourt of Appeals of Kentucky · 1823
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3Cited by11 opinions
- Tate v. Pensacola, Gulf, Land & Development Co.Supreme Court of Florida · 1896
- American Building & Loan Ass'n v. WarrenSupreme Court of Arkansas · 1911
- Hughes Bros. v. RedusSupreme Court of Arkansas · 1909
- Walls v. HumphriesSupreme Court of Arkansas · 2013
- Thalheimer v. LockertSupreme Court of Arkansas · 1905
6 more not listed; retrieve them via the Exa API.