Pierce v. Morse
Supreme Court of New Hampshire
Bill in Equity, asking that the defendants be required to execute to the plaintiff a conveyance of certain real estate known as the Glynn House, in Lisbon, according to a written contract between the parties made May 11, 1888. Facts found by the court.
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Bill in Equity, asking that the defendants be required to execute to the plaintiff a conveyance of certain real estate known as the Glynn House, in Lisbon, according to a written contract between the parties made May 11, 1888. Facts found by the court. The contract provided that upon receiving .$500 from the plaintiff on or before August 1, 1888, and $500 on or before January 1, 1889, and the execution and delivery by the plaintiff to the defendants, on January 1,1889, of his promissory notes for the balance of the purchase-money (which was $5,000) for $500 each, payable, one each year, with…
1Opinion of the CourtAllen, J.
Specific performance of a contract for the conveyance of land will, ordinarily, be decreed in equity, upon the ground that compensation in damages for the breach of the contract, to be recovered in a suit at law, may not be an adequate remedy to the purchaser, to whom the land may have a peculiar and special value. 1 Sto. Eq. Jur., s. 717; Eckstein v. Downing, 64 N. H. 248, 258. The decree is granted, if at all, not as a matter of legal right in the party seeking it, but upon equitable consideration of the circumstances of the case and to prevent injustice. Powers v. Hale, 25 N. H. 145;…
2Cases cited1 opinion
- Barnard v. LeeMassachusetts Supreme Judicial Court · 1867
3Cited by5 opinions
- Guy v. HanleySupreme Court of New Hampshire · 1971
- Manchester Dairy System, Inc. v. HaywardSupreme Court of New Hampshire · 1926
- Orestes v. GalanisSupreme Court of New Hampshire · 1917
- Dunlap v. FossSupreme Court of New Hampshire · 1926
- Real Estate Advisors, Inc. v. Whittier Lifts, Inc.Supreme Court of New Hampshire · 1990