Legal Opinion

McMurtrie v. Bennette

Michigan Court of Chancery

Decided July 1, 1839PublishedCited by 3 opinions

The bill in this case was filed to compel the specific performance of a parol agreement to convey land. The bill states that John Bennette, ono of the defendants, in a conversation had with complainants, in the month of May or June, in the year 1834, verbally agreed to sell and convey to the complainants a certain lot of land, containing eighty acres, for the sum of one hundred and fifty dollars, a part to be paid in money, and the remainder in a certain order drawn upon a…

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The bill in this case was filed to compel the specific performance of a parol agreement to convey land. The bill states that John Bennette, ono of the defendants, in a conversation had with complainants, in the month of May or June, in the year 1834, verbally agreed to sell and convey to the complainants a certain lot of land, containing eighty acres, for the sum of one hundred and fifty dollars, a part to be paid in money, and the remainder in a certain order drawn upon a man in the state of New York; that complainants paid Bennette, at the time, four dollars; that a deed was soon to be made…

1Opinion of the Court

The Chancellor.

It is not a matter of course to decree specific performance of contracts. It requires a sound discreUp0n a v;ew 0f aji the circumstances, and this discretion must not be arbitrary and capricious, but must be regulated upon grounds that will make it judicial. Seymour vs. Delaney, 6 Johns. Ch. Rep., 222; same case, on appeal, 3 Cowen, 505.

The contract or agreement sought to be enforced, must be mutual, and the tie reciprocal, or a court-of equity will not enforce a performance. 1 Mad. Ch., 423; 1 Johns. Ch., 282, 378. Here the contract rests entirely in parol. The letter given in…

2Cases cited2 opinions

  1. Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
  2. Seymour v. DelanceyNew York Court of Chancery · 1822

3Cited by3 opinions

  1. Alexander v. PettyCourt of Chancery of Delaware · 1954
  2. Gill v. WardSupreme Court of Arkansas · 1861
  3. Thompson v. BoydSupreme Court of New Jersey · 1847

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