Burling v. King

Davis, P. J.,

It is well settled that a bill in equity for the specific performance of a contract is an application to the sound discretion of the court, which withholds or grants relief according to the circumstances of each particular case. As was well said by Sutherland, J., in the court below, the agreement sought to be enforced “ must be certain in its terms, mutual in its character, fair and just, and founded on an adequate consideration, and be in its nature and circumstances unobjectionable to a court of equity.”

*453The agreement in this case was made between attorney and client,…