Dyer v. Executors of Jessup
Supreme Court of Iowa
Appeal from Dubuque District Court. The facts are fully stated in the opinion of the court. discussed tbe evidence, and J. S. Oovil, also for tbe appellants, filed_ a written argument, tbe principal portion of which was also devoted to an examination and discussion of the evidence. He presented tbe following points and authorities. I. Except in very peculiar circumstances, courts of equity will not compel tbe specific performance of a contract in regard to personalty.
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Appeal from Dubuque District Court. The facts are fully stated in the opinion of the court. discussed tbe evidence, and J. S. Oovil, also for tbe appellants, filed_ a written argument, tbe principal portion of which was also devoted to an examination and discussion of the evidence. He presented tbe following points and authorities. I. Except in very peculiar circumstances, courts of equity will not compel tbe specific performance of a contract in regard to personalty. Whenever damages are commensurate 'with the injuries sustained, as in contracts to pay stock, &c., they refuse to interfere, 2…
1Opinion of the CourtLowe, C. J.
In Chancery. The plaintiff states in his bill that he and M. K. Jessup, now deceased, in August 1855, owned jointly a certain quantity of town lots and lands in Iowa. That Jessup expressed a wish as well as an intention to dispose of his interest in said lands to R. B. Mason & Co., and desired that plaintiff should also sell a part or all of his interest likewise; that the plaintiff consented that Jessup might sell one half of his interest on the same terms he sold his own. That soon thereafter said Jessup did sell to R. B. Mason & Co. the undivided three-fourths of said lands, being his own…
2Cited by3 opinions
- Hunt v. Chicago & N. W. R. R.Supreme Court of Iowa · 1868
- Cooley v. SmithSupreme Court of Iowa · 1864
- Connor v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1875