Gulf Oil Corp. v. Rybicki

Lampeón, J.

The granting of specific performance of a contract rests in the sound discretion of the Court which grants or withholds the relief according to all the circumstances of the case. Bourn v. Duff, 96 N. H. 194, 200; Gregoire v. Paradis, 100 N. H. 21, 22. When, as in this case, the Trial Court has ordered specific performance the decree will be sustained unless it appears upon the record to have been unsupported by the evidence or to have been based upon untenable grounds. Manchester Dairy System v. Hayward, 82 N. H. 193, 205.

When land is the subject matter of the agreement, the…