Sims v. Vanmeter Lumber Co.
Mississippi Supreme Court
Erom tbe chancery court of Quitman county. HoN. MaNUel E. DeNTON, Chancellor. Tbe lumber company, appellee, was complainant in'tKe court below; Sims, appellant, was defendant there. Erom a decree in complainant’s favor overruling a motion to dissolve an injunction, defendant appealed to tbe supreme court.
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Erom tbe chancery court of Quitman county. HoN. MaNUel E. DeNTON, Chancellor. Tbe lumber company, appellee, was complainant in'tKe court below; Sims, appellant, was defendant there. Erom a decree in complainant’s favor overruling a motion to dissolve an injunction, defendant appealed to tbe supreme court. Sims, the appellant, Vanmeter Lumber Company, appellee, and the Smith Lumber Company, entered into an agreement to construct a tramroad for the purpose of carrying logs and lumber from the land of each of the parties to the main line of a railroad. By the terms of this agreement the expense…
1Opinion of the CourtSmith, J.
The court below erred in not dissolving the injunction and in awarding damages to defendant, because:
1. A court of equity, except under circumstances not here involved, will not decree the. specific performance of a contract in reference to personal property.
2. A court of equity will not direct the specific performance of a contract, where it would require the constant superintendence of the court from day to day for an indefinite time, in order to enforce the carrying out of its decree.
*4533. A court of equity will not decree the specific performance •of a contract for the rendition of personal…
2Cited by9 opinions
- Jones v. Mississippi Farms Co.Mississippi Supreme Court · 1917
- Security Builders, Inc. v. Southwest Drug Co.Mississippi Supreme Court · 1962
- Stephenson v. New Orleans & N. E. R.Mississippi Supreme Court · 1937
- Chambers v. DavisMississippi Supreme Court · 1922
- Mississippi Theatres Corp. v. Hattiesburg Local Union No. 615Mississippi Supreme Court · 1936
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