Gibb v. Mintline
Michigan Supreme Court
Appeal from Kalamazoo; Knappen, J. Bill by Walter W. Gibb against Fred A. Mintline and others for specific performance. From an order overruling a demurrer to complainant’s bill, defendants appeal.
1Opinion of the CourtBrooke, J.
(after stating the facts). The right to the equitable remedy of specific performance is not absolute, even in that class of contracts in which the remedy is invoked. The exercise of the power by the courts is said to be discretionary in the sense that the discretion exercised is judicial and governed by equitable principles and rules. To entitle one party to specific performance of a contract against the other party thereto:
“The contract must be certain, unambiguous, mutual, and upon a valuable consideration; it must be perfectly fair in all its parts; free from any misrepresentation or…
2Cases cited2 opinions
- Rust v. ConradMichigan Supreme Court · 1882
- Rathbone v. GrohMichigan Supreme Court · 1904
3Cited by2 opinions
- Wayne Woods Land Co. v. BeemanMichigan Supreme Court · 1920
- Gates v. McLaulinMichigan Supreme Court · 1917