Berry v. Wortham
Supreme Court of Virginia
Appeal from a decree of the Law and Equity Court of the city of Richmond pronounced June 30, 1897, in a suit in chancery wherein the appellant was the complainant, and the appellee was the defendant. This was a bill filed by the appellant to enjoin the defendant from selling certain real estate in the city of Richmond at the costs and charges of the appellant.
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Appeal from a decree of the Law and Equity Court of the city of Richmond pronounced June 30, 1897, in a suit in chancery wherein the appellant was the complainant, and the appellee was the defendant. This was a bill filed by the appellant to enjoin the defendant from selling certain real estate in the city of Richmond at the costs and charges of the appellant. The appellant charged that the appellee was trustee in a deed of trust on said real estate, and had advertised the same for sale for cash, and just before the sale had called on appellant at his office, in the city of Richmond, and…
1Opinion of the CourtHarrison, J.
*89The question presented by this record is the right of the appellee, T. M. Wortham, to demand of the appellant the specific performance of an alleged contract of purchase of certain real estate.
It is an elementary doctrine of courts of equity that they will not specifically enforce any contract unless it be complete and certain. In order that any agreement, whether covered by the statute or not, whether written or verbal, may be specifically enforced, it must be complete in all its parts; that is, all the terms which the parties have adopted, as portions of their contract, must be finally and…
2Cases cited1 opinion
- Darling v. Cumming's Ex'orSupreme Court of Virginia · 1896
3Cited by28 opinions
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- Agostini v. ConsolvoSupreme Court of Virginia · 1930
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