Penn v. McCullough

We cannot agree with the Court below that the plaintiff is entitled to a specific performance of the contract set out in the bill.

The contract is dated 15th J une, 1888, and reads as-follows:

*231‘‘I have this day agreed to and have sold to Mr. W. W. McCullough eighty feet of land in width, running parallel with our division line from railroad to Bunker Hill road, containing about two acres; price for the above named piece or parcel of land, fifteen hundred dollars. 1 herewith acknowledge receipt of check for two hundred dollars, as part of the purchase money.

“J. W. Penn.”

The bill for the specific…