Legal Opinion

Barr v. Granahan

Wisconsin Supreme Court

Decided June 7, 1949PublishedCited by 11 opinions

1Opinion of the CourtMartin, J.

Plaintiff-appellant contends that the option was fair, equitable, and legal and that specific performance is, therefore, mandatory. We have concluded, however, that under all of the facts and circumstances in this case, plaintiff is not entitled to the relief of specific performance. In 3 Williston, Contracts, p. 2542, sec. 1425, it is said:

“More exactly it may be said that wherever a contract though legally valid is grossly unfair, or its enforcement opposed to good policy for any reason, equity will refuse to enforce it, and though certain kinds of unfairness may be classified, equity…

2Cases cited4 opinions

  1. Smith v. PflugerWisconsin Supreme Court · 1905
  2. Helbig v. BonsnessWisconsin Supreme Court · 1938
  3. Droppers v. HandWisconsin Supreme Court · 1932
  4. Hay v. LewisWisconsin Supreme Court · 1876

3Cited by11 opinions

  1. Campbell v. OHIO NATIONAL LIFE INSURANCE CO.Nebraska Supreme Court · 1956
  2. Humble Oil & Refining Co. v. DoerrNew Jersey Superior Court Appellate Division · 1973
  3. Wozniak v. WozniakWisconsin Supreme Court · 1984
  4. Mumm v. Adametz (In Re Adametz)United States Bankruptcy Court, W.D. Wisconsin · 1985
  5. Anderson v. NelsonWisconsin Supreme Court · 1968

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