Elliott v. Jones
Court of Chancery of Delaware
Bill for Specific Performance. ' The bill was filed to enforce the defendant to transfer to the complainant an undivided one-half interest in a certain horse in the possession of the defendant, which by training, it is alleged, could be developed into a valuable race horse. The cause was heard on bill and affidavits at the return of a rule requiring the defendant to show cause- why a preliminary injunction should not issue restraining him from disposing of the horse.
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Bill for Specific Performance. ' The bill was filed to enforce the defendant to transfer to the complainant an undivided one-half interest in a certain horse in the possession of the defendant, which by training, it is alleged, could be developed into a valuable race horse. The cause was heard on bill and affidavits at the return of a rule requiring the defendant to show cause- why a preliminary injunction should not issue restraining him from disposing of the horse. The material facts appear in the opinion of the Chancellor. For opinion after full hearing, see post p. 343.
1Opinion of the Court
The Chancellor.
The complainant and defendant agreed to join in buying and training a particular horse; which by training could be- developed into a valuable race horse, each to furnish half of the money for purchasing and training the animal, and to share equally in the profits of using and selling it. The horse was bought by the defendant, who has possession of it and denie's the rights of the complainant, and refuses to accept payment of the complainant’s sharé of the purchase money. A decree for specific performance is sought to enforce the defendant to transfer to the complainant an…
2Cases cited2 opinions
- Somerby v. BuntinMassachusetts Supreme Judicial Court · 1875
- Kane v. LuckmanU.S. Circuit Court for the District of Northern Iowa · 1904
3Cited by5 opinions
- Orenstein v. KahnSupreme Court of Delaware · 1922
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- State Ex Rel. Appleman v. Lake Circuit CourtIndiana Supreme Court · 1952
- Huddleston v. WilliamsSupreme Court of Alabama · 1958
- Snodgrass v. StubbsCourt of Appeals of Maryland · 1947