Clarke v. White
Supreme Court of the United States
ON appeal from the circuit court of the .United States, for the county of. Washington, in the District of Columbia. irf the circuit court, the. appéllee, William G. W7 White, filed a bill against the appellants, charging, that on the 2d of July, 1832,. the complainant passed to th'e defendant?, Clarke and Briscoe, his •twenty-six promissory notes of that date, each:for the sum’ of two hundred and- seventy-four- dollars and sixty-sevén cents/ payablé monthly, from sixteen to…
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ON appeal from the circuit court of the .United States, for the county of. Washington, in the District of Columbia. irf the circuit court, the. appéllee, William G. W7 White, filed a bill against the appellants, charging, that on the 2d of July, 1832,. the complainant passed to th'e defendant?, Clarke and Briscoe, his •twenty-six promissory notes of that date, each:for the sum’ of two hundred and- seventy-four- dollars and sixty-sevén cents/ payablé monthly, from sixteen to forty-four. months, making- the sum of seven thousand one hundred and forty-one, dollars and- forty-two cents; three- of…
1Opinion of the CourtJustice Catron
The appellants contend the decree should be reversed, and the bill dismissed; upon various propositions of law and fact.
1st. It is insisted: “ The complainant has laid no ground in bit." bill for equitable relief. Neither the agreement itself, as alleged in the bill, nor any of the collateral circumstances, being of a nature to call for a specific performance in equity.”
The doctrine of specific performance has reference, ordinarily, to executory agreements for the conveyance of lands, and 'is rarely applied to contracts affecting personal property. 2 Story’s Eq. 26, 36. Nor is relief sought…
2Cases cited1 opinion
- Hazard v. HazardU.S. Circuit Court for the District of Rhode Island · 1840
3Cited by77 opinions
- Keystone Driller Co. v. General Excavator Co.Supreme Court of the United States · 1933
- Zavelo v. ReevesSupreme Court of the United States · 1913
- Twist v. Prairie Oil & Gas Co.Supreme Court of the United States · 1927
- Lloyd v. SmithSupreme Court of Virginia · 1928
- Consumers Union of United States, Inc. v. John G. Heimann, Individually and in His Official Capacity as Comptroller of the CurrencyCourt of Appeals for the D.C. Circuit · 1978
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