Bowman v. McClenahan
New York Supreme Court
■ Action by vendor for specific performance of a contract for the sale of land. ...
1Opinion of the CourtPbyob, J.
The rules by which the discretion of the court is determined in decreeing specific performance are clearly ascertained and firmly, established. ...
“ Specific performance may he granted or withheld upon consideration of all the circumstances,” and it is incumbent on the. plaintiff “to show that under the circumstances it would he an equitable and just remedy.” Miles v. D. F. I. Co., 125 N. Y. 294. “ The contract must he established by competent "and satisfactory proof, which must be clear, definite and certain.” Lobdell v. Lobdell, 36 N. Y. 327; “A decree for specific performance should never…
2Cases cited9 opinions
- Hennessy v. WoolworthSupreme Court of the United States · 1888
- Lobdell v. . LobdellNew York Court of Appeals · 1867
- Margraf v. . MuirNew York Court of Appeals · 1874
- Utley v. DonaldsonSupreme Court of the United States · 1877
- Coles v. BowneNew York Court of Chancery · 1844
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3Cited by3 opinions
- Da Silva v. MussoNew York Court of Appeals · 1981
- Chaplin v. Korber Realty, Inc.New Mexico Supreme Court · 1924
- Eiseman v. JosephthalNew York Supreme Court · 1911