Powell, Whitehurst & Co. v. Berry
Supreme Court of Virginia
Appeal from two decrees of the Circuit Court of Bedford county; one pronounced October 5, 1892, and the other November 3, 1892, in two suits in chancery heard together, in one of which the appellee, J. M. Berry, was the complainant, and the appellants were the defendants, and in the other, the appellants were the complainants, and the appellees were the defendants.
1Opinion of the CourtHarrison, J.
The first question presented for determination in this case is whether or net the appellee, J. M. Berry, is entitled to demand of the appellants the specific performance of their contract of purchase of certain lots mentioned in the bill.
ISfo principle is better settled than that which requires that the party seeking specific performance, must have shown himself ready, prompt and eager to perform the contract on his part.
Mr. Barton says: “Owing to the general rule that specific performance of a contract will not be enforced in equity unless the party seeking it has not been in default, but,…
2Cited by15 opinions
- Darling v. Cumming's Ex'orSupreme Court of Virginia · 1896
- Hurt v. MillerSupreme Court of Virginia · 1897
- Griscom v. ChildressSupreme Court of Virginia · 1944
- Findley v. KochSupreme Court of Iowa · 1904
- Gish's v. JamisonSupreme Court of Virginia · 1898
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