Godwin v. Collins
Court of Chancery of Delaware
Bill for Specific Performance. — The bill was filed to obtain a specific performance of a written agreement made by the defendant for the sale, to the complainant, of a farm then owned and occupied by the former.
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Bill for Specific Performance. — The bill was filed to obtain a specific performance of a written agreement made by the defendant for the sale, to the complainant, of a farm then owned and occupied by the former. The only written evidence of the agreement, as set forth in the bill, was a receipt under seal, as follows:— Rec’d Aug. 20, ’66, of D. C. Godwin Ten Dolls, in part payment of the purchase money of the farm and premises where I now live, containing sixty-six acres, possession to be given on or before Jan. 1., 1867, clear of all taxes or incumbrances whatever, four thousand dolls, to…
1Opinion of the Court
The Chancellor :—
Of the several grounds taken in argument against a decree for the specific performance of this contract, it has been found necessary to consider only one, that is, the omission in the memorandum of the contract of any provision for securing the deferred payments of purchase money. Two points must be observed at the outset, in order that we may the better appreciate the effect of this omission upon the complainant’s case. First, is the gross inequality and improvidence of the contract without some security, for deferred payments of such large amount. Here is a credit given for…
2Cases cited6 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Seymour v. DelancyNew York Supreme Court · 1824
- Bank of the United States v. TylerSupreme Court of the United States · 1830
- White v. Territory of WashingtonWashington Supreme Court · 1890
- Meeker v. MeekerSupreme Court of Connecticut · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Orenstein v. KahnSupreme Court of Delaware · 1922
- Cunningham v. Esso Standard Oil CompanySupreme Court of Delaware · 1955
- Old Time Petroleum Co. v. TurcolCourt of Chancery of Delaware · 1931
- Gray Co. v. Alemite Corp.Court of Chancery of Delaware · 1934
- King v. RaabSupreme Court of Iowa · 1904
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