Banaghan v. Malaney
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court for the county of Worcester July 15, 1907, seeking specific performance of an agreement by the defendant to convey certain real estate to the plaintiff.
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Bill in equity, filed in the Superior Court for the county of Worcester July 15, 1907, seeking specific performance of an agreement by the defendant to convey certain real estate to the plaintiff. There was a hearing before Wait, J., who filed a memorandum containing the following findings of facts: “ I find that the plaintiff and defendant entered into the contract alleged in the bill; that the defendant was competent to make the contract, was the owner of the premises dealt with, was not induced by any fraud or misrepresentation to sign the contract, and, at law, is bound thereby. “ William…
1Opinion of the CourtSheldon, J.
The judge had a right, upon his findings, to refuse to give the plaintiff a decree for specific performance of his agreement with the defendant. It is true that the agreement was good and sufficient upon its face; the defendant was legally competent to make it; and it was not obtained by such fraud or misrepresentation as would give the defendant a right to avoid it. But this is not enough to entitle the plaintiff as a matter of right to enforce specific performance. His right to this remedy is not an absolute one. It rests in the sound discretion of the court. It may be refused to one who…
2Cases cited8 opinions
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