Legal Opinion

Mansfield v. Sherman

Supreme Judicial Court of Maine

Decided March 6, 1889PublishedCited by 9 opinions

On report. Bill in equity, for specific performance, heard on bill, answer and proofs. The facts appear in the opinion. Contract by correspondence, completed. Bird v. Munroe, 66 Maine, 337, 345, 346; Alger v. Seoville, 1 Gray, 391; Allen v. Bennet, 3 Taunt. 169; 1 Benj. Sales, § 220, and notes. Immaterial, that letters were addressed to broker, instead of plaintiff. Bird v. Munroe, supra, and cases cited; 1, Benj.

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On report. Bill in equity, for specific performance, heard on bill, answer and proofs. The facts appear in the opinion. Contract by correspondence, completed. Bird v. Munroe, 66 Maine, 337, 345, 346; Alger v. Seoville, 1 Gray, 391; Allen v. Bennet, 3 Taunt. 169; 1 Benj. Sales, § 220, and notes. Immaterial, that letters were addressed to broker, instead of plaintiff. Bird v. Munroe, supra, and cases cited; 1, Benj. Sales, pp. 245, 246, and note ; Brown St. Frauds, § 346 ; Townsend v. Hargraves, 118 Mass. 325. Verbal acceptance of Wood, and his parol agency, sufficient. Doty v. Wilder, 15 111.…

1Opinion of the CourtEmery, 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 two lots of land, as marked upon a plan.

Such an application is addressed to the sound discretion of the court. Not every party, who would be entitled as of right to damages for the breach of a contract, is entitled to a decree for its specific performance. Before granting such a decree, the court should be satisfied not only of the existence of a valid contract, free from fraud, and enforceable in law, but also of its fairness and its harmony with equity and good…

2Cases cited1 opinion

  1. Willard v. TayloeSupreme Court of the United States · 1870

3Cited by9 opinions

  1. Frederich v. Union Electric Light & Power Co.Supreme Court of Missouri · 1935
  2. Van Horn Construct'n Corp. v. Joy Et Ux.Oregon Supreme Court · 1949
  3. King v. RaabSupreme Court of Iowa · 1904
  4. Clarke v. DiPietroSupreme Judicial Court of Maine · 1987
  5. Dunham v. HoganSupreme Judicial Court of Maine · 1948

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