Phelps v. Illinois Central Railroad

The only question of any real importance in this case is, the right of appellant to a specific performance of the contract, made by him with the railroad company, for the purchase of this tract of land.

It has been repeatedly held by this court that a party can not call, as of right, upon a court of equity to exercise this 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 surrounding circumstances. A party demanding its exercise, is bound to show he himself has always been ready, willing and eager…