Snell v. Mitchell
Supreme Judicial Court of Maine
Bill in equity. Tbe bill prays for a specific performance of a contract for the conveyance of real estate, as set out in the following instrument.
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Bill in equity. Tbe bill prays for a specific performance of a contract for the conveyance of real estate, as set out in the following instrument. “This agreement, made this 19th day of February, 1861, between Nahum Mitchell, of Turner, county of Androscoggin, of the first part, and Danville Snell, of said town, of the second part, witnesseth, that the said Mitchell, in consideration of the covenants on the part of the party of the second part, hereinafter contained, doth covenant and agree, to and with the said Danville, that he shall have one-half of the improvements and profits of certain…
1Opinion of the CourtWalton, J.
This is a bill in equity in which the court is asked to decree the specific performance of a contract for the conveyance of real estate.
Such an application is addressed to the’ sound discretion of the court. Neither party to a contract can insist, as a matter of right, upon a decree for its specific performance. The courts of law are always open to them, and ordinarily an action at law furnishes an ample remedy for the breach of a contract; and when such is the case a court of equity generally declines to take jurisdiction. If a contract for the conveyance of real estate is- in all respects…
2Cited by3 opinions
- Saxon v. WhiteSupreme Court of Oklahoma · 1908
- Clarke v. DiPietroSupreme Judicial Court of Maine · 1987
- Wright v. SuydamWashington Supreme Court · 1910