McCabe v. Crosier

This was a bill by appellant for specific performance of a contract, made by him with appellee, for the purchase of a small parcel of land of little value, and on which no improvements, beyond a short line of fence, had been made. It is the settled doctrine of this court, as of most other courts of equitable cognizance, that a party can not call, as of right, upon a court of equity to exercise that branch of its jurisdiction ; that its exercise rests in the sound discretion of the court, in view of the terms of the contract of the parties and the surrounding circumstances. A party demanding…