Diamond State Iron Co. v. Husbands
Court of Chancery of Delaware
Bill for Specific Performance.—The bill sought a decree for the specific performance of a contract for the sale of certain real estate in the City of Wilmington, which the complainant had contracted to sell to the respondent, for which the payment was to be made by the execution of a bond and mortgage for the entire purchase money.
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Bill for Specific Performance.—The bill sought a decree for the specific performance of a contract for the sale of certain real estate in the City of Wilmington, which the complainant had contracted to sell to the respondent, for which the payment was to be made by the execution of a bond and mortgage for the entire purchase money. The respondent by his answer admitted the execution of the contract and alleged, as his only reason for refusing to accept the deed tendered by the complainant, the advice of his counsel that under it he would not be able to acquire a good title to the said land.…
1Opinion of the Court
The Chancellor:—
The bill filed in this cause prays for the specific performance of an agreement in writing entered into on the 24th day of February, 1897, by the complainant, the Diamond State Iron Company, and the respondent, Thomas L. Husbands. *214By this article of agreement the complainant agreed by good and lawful deed or deeds to convey unto the respondent, on or before March 6, 1897, a lot of land in the city of Wilmington at the corner of Lobdell and Heald Streets, in fee simple and clear of incumbrances, for the consideration of twelve hundred dollars, the respondent agreeing that upon…
2Cases cited11 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Satterlee v. MatthewsonSupreme Court of the United States · 1829
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- Bacon v. RobertsonSupreme Court of the United States · 1856
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