Freetly v. Barnhart
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Westmoreland county, by Jacob Freetly, who was complainant against Henry Barnhart, respondent. The bill sets out that by an agreement of July 6th 1864, Barn-hart sold to Freetly one undivided eighth part of eight acres of land in Venango county, Pennsylvania, and agreed to give Freetly a deed in fee clear of all encumbrances therefor.
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Appeal from the Court of Common Pleas of Westmoreland county, by Jacob Freetly, who was complainant against Henry Barnhart, respondent. The bill sets out that by an agreement of July 6th 1864, Barn-hart sold to Freetly one undivided eighth part of eight acres of land in Venango county, Pennsylvania, and agreed to give Freetly a deed in fee clear of all encumbrances therefor. That, in consideration whereof, Freetly gave in exchange to Barnhart one-half of his title of three leases of land in West Virginia, made to Thomas Cunningham & Co., Barnhart binding himself to be subject to all the…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
— There is nothing better settled than that a decree for specific performance is not a matter of course, but rests in the sound discretion of the chancellor.. It may be refused, therefore, notwithstanding a contract obligation, if there be circumstances rendering it inequitable, and then the party seeking it is left to his action at law for damages. I know of no case in which specific performance is ever decreed, unless it appears to accord with good conscience that it should be so decreed, be the contract ever so specific in its terms. It…
2Cited by6 opinions
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Silfvast v. AsplundMontana Supreme Court · 1933
- Friend v. LambSupreme Court of Pennsylvania · 1893
- Spotts v. EisenhauerSuperior Court of Pennsylvania · 1906
- Volk v. VolkSupreme Court of Pennsylvania · 1922
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