Legal Opinion

Wilkins v. Evans

Court of Chancery of Delaware

Decided March 15, 1821PublishedCited by 10 opinions

Bill for specific performance.—This bill was for the specific performance of a written contract for the sale of lands, which was in the words following, viz : “ Articles of agreement, between Elisha Evans of the “one part, and John Wilkins o.f the other part, witness, “ that the said Evans doth agree, for his part, to let said “ Wilkins have a plantation that he bought of Mr. Gonoway “ of Wm., for the term of six years from the first day of “ last January ; and said Wilkins…

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Bill for specific performance.—This bill was for the specific performance of a written contract for the sale of lands, which was in the words following, viz : “ Articles of agreement, between Elisha Evans of the “one part, and John Wilkins o.f the other part, witness, “ that the said Evans doth agree, for his part, to let said “ Wilkins have a plantation that he bought of Mr. Gonoway “ of Wm., for the term of six years from the first day of “ last January ; and said Wilkins doth agree, for his part, “ to give said Evans eighteen dollars per year for said place, “ and to put the said place…

1Opinion of the Court

Ridgely, Chancellor.

The defendant has contended that a specific execution of this contract should not be decreed, because, as he alleges, the complainant did not before the expiration of the six years pay the purchase money. He. says thafthe time is made the essence of the contract; that, therefore, it is material; and that, as the complainant failed to perform his part within the limited period, a specific performance ought not to be compelled.

It becomes necessary to examine the evidence and see whether Wilkins paid, within the six years, the stipulated price of the land, and if he did not,…

2Cited by10 opinions

  1. Morgan v. WellsCourt of Chancery of Delaware · 1951
  2. Brunson v. Carter Oil Co.District Court, E.D. Oklahoma · 1919
  3. Wells v. Lee Builders, Inc.Supreme Court of Delaware · 1953
  4. Morgan v. WellsCourt of Chancery of Delaware · 1951
  5. Kittinger v. RossmanCourt of Chancery of Delaware · 1921

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