Neal v. Parker
Court of Appeals of Maryland
Appeal from the Circuit Court for Caroline County (Pearce, C. J., Martin and Brown, JJ.) The cause was submitted to the Court on briefs by : It is against the policy and practice of Courts of equity to specifically enforce contracts relating to personalty. The exceptions are founded principally upon the inadequacy of the remedy at law in the particular case, or the special and peculiar nature and value of the subject-matter of the contract.
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Appeal from the Circuit Court for Caroline County (Pearce, C. J., Martin and Brown, JJ.) The cause was submitted to the Court on briefs by : It is against the policy and practice of Courts of equity to specifically enforce contracts relating to personalty. The exceptions are founded principally upon the inadequacy of the remedy at law in the particular case, or the special and peculiar nature and value of the subject-matter of the contract. Miller's Equity, sections 664 and 665 and cases cited. Pom. Specif. Perform., section 2. Goods possessing an easily ascertainable market value, as cotton…
1Opinion of the CourtMcSherry, C. J.
delivered the opinion.of the Court.
This is a proceeding by a bill in equity to enforce specific performance of a contract for the sale of certain lumber. The contract as set up in the bill of complaint is substantially as follows : On the 20th of August, 1902, the appellee, Parker, purchased from the appellant, Neal, two hundred thousand feet of pine boards for the price of $8.50 per thousand feet, cash on delivery. One hundred thousand feet to be 10y2 inches wide and 1 y, inches thick, and the other, one hundred thousand feet to be 10^ inches wide and 9-8 of an inch thick; all to be…
2Cases cited3 opinions
- Equitable Gas Light Co. v. Baltimore Coal Tar & Manufacturing Co.Court of Appeals of Maryland · 1885
- Baltimore Breweries Co. v. CallahanCourt of Appeals of Maryland · 1895
- Brehm v. Sperry, Jones & Co.Court of Appeals of Maryland · 1901
3Cited by14 opinions
- Edison Realty Co. v. BauernschubCourt of Appeals of Maryland · 1948
- Archway Motors, Inc. v. HermanCourt of Special Appeals of Maryland · 1977
- Laurel Realty Co. v. HimelfarbCourt of Appeals of Maryland · 1948
- Brummel v. Clifton Realty Co.Court of Appeals of Maryland · 1924
- General Federal Construction, Inc. v. James A. Federline, Inc.Court of Appeals of Maryland · 1978
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