Eckstein v. Downing
Supreme Court of New Hampshire
Bill in Equity, to enforce specific performance of a contract to transfer to the plaintiff sixty shares of the capital stock of the Abbot-Downing Company, in payment for the pleasure yacht Una. Facts found by a referee.
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Bill in Equity, to enforce specific performance of a contract to transfer to the plaintiff sixty shares of the capital stock of the Abbot-Downing Company, in payment for the pleasure yacht Una. Facts found by a referee. August 14, 1884, a bargain was concluded, by written correspondence between the defendant and the plaintiff’s agents, Rider & Cotton, whereby the defendant was to give the plaintiff sixty shares of the Abbot-Downing Company stock for his yacht'Una, then lying at a wharf in Portsmouth. At that time the defendant was twenty-two years old, and neither the plaintiff nor his agents…
1Opinion of the CourtSmith, J.
The plaintiff agreed to sell to the defendant his yacht, claimed and admitted for the purpose of the question of jurisdiction to be worth $6,000, for sixty shares of stock in the Abbot-Downing Company found to be worth $3,600.- This executory contract, entered into August 14, 1884, was rescinded six days afterwards by the defendant’s guardian. The plaintiff seeks to enforce and the defendant resists specific performance of the contract. Equity does not ordinarily interpose to enforce specific performance of a contract respecting personal property unless an adequate remedy at law cannot be…
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