Addington v. . McDonnell and Setzer
Supreme Court of North Carolina
Bill in equity, set for hearing upon the pleading and proofs, at Pall Term 1868, of the Superior Court of MacoN, and. then by consent transmitted to this Court. The facts appear sufficiently in the opinion of the Court.
1Opinion of the CourtDick, J.
When a contract was fully understood by the par-. ties at tbe time of its inception, and it is not vitiated by illegality or fraud, a Court of Equity will not rescind it; although subsequent events may have so materially changed its operation as to make it hard and oppressive on one of the parties.. It is also a rule of equity, with regard to the specific performance of contracts, that they must be decreed to be performed ón both sides and entirely, or not at all.
A person, therefore, seeking the specific performance of a. contract, must show that it contains mutuality of consideration’ and…
2Cited by2 opinions
- Wilson v. . LinebergerSupreme Court of North Carolina · 1885
- Dawkins v. . DawkinsSupreme Court of North Carolina · 1885