Legal Opinion

Goodwin Gas Stove & Meter Co.'s Appeal

Supreme Court of Pennsylvania

Decided January 3, 1888No. 95PublishedCited by 31 opinions

FROM THE DECREE OF THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA. COUNTY. No. 95 January Term 1887, Sup. Ct.; court below, No. 719 December Term 1884, C. P. No. 3, in equity. The proceeding in the court below was a bill in equity filed by H. Dumont Wagner, in his own right and as trustee under a certain agreement, dated January 27,1880, against the Goodwin Gas Stove & Meter Company and William Wallace Goodwin, to enforce the specific performance of said agreement.

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FROM THE DECREE OF THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA. COUNTY. No. 95 January Term 1887, Sup. Ct.; court below, No. 719 December Term 1884, C. P. No. 3, in equity. The proceeding in the court below was a bill in equity filed by H. Dumont Wagner, in his own right and as trustee under a certain agreement, dated January 27,1880, against the Goodwin Gas Stove & Meter Company and William Wallace Goodwin, to enforce the specific performance of said agreement. The facts upon which relief was sought, and the questions of law arising clearly appear in the report of Mr. John Scott, Jr.,…

1Opinion of the Court

Opinion,

Mu. Justice Clabk:

It is a well settled doctrine that equity will not, in general, decree the specific performance of contracts concerning chattels. The reason assigned for this is, that their money value, recovered as damages, will enable the party to purchase others in the market of like kind and quality. In the United States, as well as in England, contracts for public securities, government stocks, bonds, etc., will not be specifically enforced; no especial value attaches to one share of stock, or one bond, over another; the money which will pay for one will as readily purchase…

2Cases cited3 opinions

  1. Treasurer v. Commercial Coal Mining Co.California Supreme Court · 1863
  2. Stayton ex rel. Bryan v. RiddleSupreme Court of Pennsylvania · 1886
  3. White v. SchuylerNew York Supreme Court · 1865

3Cited by31 opinions

  1. Berkowitz v. Mayflower Securities, Inc.Supreme Court of Pennsylvania · 1974
  2. McMillan, Ltd. v. WARRIOR DRILLING & ENG.Supreme Court of Alabama · 1987
  3. Leitch v. Diamond National BankSupreme Court of Pennsylvania · 1912
  4. Northern Central Railway Co. v. WalworthSupreme Court of Pennsylvania · 1899
  5. Haley v. Eureka County BankNevada Supreme Court · 1891

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