Mayo v. Borovsky

The remedy of specific performance of a contract for the sale of land is not a form of redress to which a suitor is entitled as a positive right ex debito justitiae. The award or denial of such relief rests within the sound discretion of the court.Kelleher v. Bragg, 96 N.J. Eq. 25; 124 Atl. Rep. 530;affirmed, 97 N.J. Eq. 547; 128 Atl. Rep. 921.

This discretionary power is not exercised as a general rule in favor of a suitor unless it is evident that such party has been ready, desirous, prompt and eager to fulfill and perform his or her obligations under the terms of the contract.Meidling v.…