Pond Creek Coal Co. v. Coleman

Opinion of the Court by

Judge Clarke —

Affirming.

This is an appeal Tby the plaintiff from a judgment refusing its prayer for specific performance of a contract to convey land.

Being convinced that it would have been extremely inequitable to decree specific performance under the proven circumstances,- we may assume without deciding that the contract was enforceable and not unilateral, as is also claimed by appellees, since specific performance always rests in the sound discretion of the chancellor and may not be demanded as matter of absolute right.

This contract, executed May 17, 1912, provided…