McCabe v. Matthews
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF FLORIDA. On March 1, 1889, the appellant, as plaintiff, filed in the Circuit Court his bill to compel the specific performance of a contract for the sale óf real estate. The defendant demurred to this bill, on the ground of a lack of equity, which demurrer, on April 13, 1889, was sustained and the bill dismissed. 40 Fed. Bep. 338. From this decree the plaintiff appealed to this court.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF FLORIDA. On March 1, 1889, the appellant, as plaintiff, filed in the Circuit Court his bill to compel the specific performance of a contract for the sale óf real estate. The defendant demurred to this bill, on the ground of a lack of equity, which demurrer, on April 13, 1889, was sustained and the bill dismissed. 40 Fed. Bep. 338. From this decree the plaintiff appealed to this court. The facts as disclosed by the bill were that on February 9, 1880, Mrs. F. G. Montgomery, the owner of a tract of land, containing…
1Opinion of the CourtJustice Beewee
A decree for the specific performance of a contract for the sale of real estate does not go as a matter of course, but is granted or withheld according as equity and justice seem to demand in .view of all the circumstances of the case. Pratt v. Carroll, 8 Cranch, 471; Holt v. Rogers, 8 Pet. 420; Willard v. Tayloe, 8 Wall. 557; Hennessy v. Woolworth, 128 U. S. 438.
Tested by this rule, the decision of the Circuit Court was unquestionably correct. There is no averment in the bill of a tender of any money by plaintiff to defendant, and while it may be that the stipulations in the contract of…
2Cases cited5 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Pratt v. CarrollSupreme Court of the United States · 1814
- Hennessy v. WoolworthSupreme Court of the United States · 1888
- Loud v. Pomona Land & Water Co.Supreme Court of the United States · 1894
- Holt v. RogersSupreme Court of the United States · 1834
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- Taylor v. Salt Creek Consol. Oil Co.Court of Appeals for the Eighth Circuit · 1922
- Quarton v. American Law Book Co.Supreme Court of Iowa · 1909
- Charles River Park, Inc. v. Boston Redevelopment AuthorityMassachusetts Appeals Court · 1990
- ASPINWALL v. RyanOregon Supreme Court · 1951
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