Day v. . Hunt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department entered upon an order made July 1, 1887, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was brought by the plaintiff to procure a construction of a written contract embodying certain conditions on the sale of lands, and, when construed, a specific performance of it.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department entered upon an order made July 1, 1887, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was brought by the plaintiff to procure a construction of a written contract embodying certain conditions on the sale of lands, and, when construed, a specific performance of it. The answer admitted the execution of the contract and, denying some of the allegations of the complaint, set up as an affirmative defense the refusal of the…
1Opinion of the CourtDanforth, J.
The remedy of specific performance is discretionary, and to be given upon a consideration of all the circumstances before the court, and where neither hardship nor injustice result to the defeated party, a court of review will not interfere with a judgment which requires its enforcement. The defense against it in this case is, that time was of the essence of the contract; that the plaintiff was in default, and that, during the delay between that default and the bringing of this action, the property in question had so advanced in value that performance would now be detrimental to the…
2Cited by19 opinions
- Ballen v. PotterNew York Court of Appeals · 1929
- Evans v. GerryIllinois Supreme Court · 1898
- Conger v. N. Y., West Shore & Buffalo R. R. Co.New York Court of Appeals · 1890
- Spartans Industries, Inc. v. John Pilling Shoe CompanyCourt of Appeals for the First Circuit · 1967
- St. Regis Paper Co. v. . Santa Clara Lumber Co.New York Court of Appeals · 1906
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