Phillips v. Berger
New York Supreme Court
In EauiTY. This was an appeal by the defendant from a decree made by Justice Edmonds at a special term. The case at special term is reported in 2d Barb. Sup. Court Reports, 608, where the facts are stated.
1Opinion of the Court
By the Court, Edwards, J.
The ground upon which the plaintiff claims to be entitled to a specific performance of the agreement in question in this suit is, that in an action at law founded upon the agreement, and brought by the defendant, he could not obtain an adequate compensation in damages. It is now well settled that the remedy in equity must be mutual; and that if a bill will lie in favor of one party to a contract, it will also lie in favor of the other. (Withy v. Cottle, 1 Sim. & Stu. 174. Adderley v. Dixon, Id. 607. Hamblin v. Dinneford, 2 Edw. 531. 2 Story's Eq. Juris. § 723.)
The…
2Cases cited2 opinions
- Hamblin v. DinnefordNew York Court of Chancery · 1835
- Clow v. BorstNew York Supreme Court · 1810
3Cited by8 opinions
- Strobe v. Netherland Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Pennsylvania Coal Co. v. President, Managers, of the Delaware & Hudson Canal Co.New York Court of Appeals · 1865
- Lochmann v. MeehanNew York Supreme Court · 1892
- Cook v. CaslerAppellate Division of the Supreme Court of the State of New York · 1903
- Trustees of Columbia University v. Mortgagee Investors Corp.New York Supreme Court · 1949
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