Haffner v. Dobrinski
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. The Supreme Court of Oklahoma, from whose judgment affirming the decree of the District Court of Kingfisher County this, appeal was prosecuted, stated the case as follows (17 Oklahoma, 438): “This action was brought on the thirteenth day of May, 1902, by the plaintiff in error, John F. Haffner, against the defendants in error, for the specific enforcement of an oral contract for the sale of real estate.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. The Supreme Court of Oklahoma, from whose judgment affirming the decree of the District Court of Kingfisher County this, appeal was prosecuted, stated the case as follows (17 Oklahoma, 438): “This action was brought on the thirteenth day of May, 1902, by the plaintiff in error, John F. Haffner, against the defendants in error, for the specific enforcement of an oral contract for the sale of real estate. Thereafter, on January 14, 1903, upon the application of the plaintiff in error therefor, a restraining order was issued against the…
1Opinion of the CourtChief Justice Fuller
The Supreme Court of Oklahoma held that there was no error in excluding all the evidence because the petition did not state a cause of action in equity; that the doctrine is well settled that specific performance is never demandable as a matter of absolute right, bufas one which rests entirely in judicial discretion, to be exercised, it is true, according to the settled principles of equity, but not arbitrarily and capriciously, and always with reference to the facts of the particular case.
The principles applied were announced in Pope Manufacturing Company v. Gormully, 144 U. S. 224, 236. As…
2Cases cited5 opinions
- Pope Manufacturing Co. v. GormullySupreme Court of the United States · 1892
- Cathcart v. RobinsonSupreme Court of the United States · 1831
- Williams v. MorrisSupreme Court of the United States · 1877
- Hennessy v. WoolworthSupreme Court of the United States · 1888
- Nickerson v. NickersonSupreme Court of the United States · 1888
3Cited by17 opinions
- Texas v. New MexicoSupreme Court of the United States · 1987
- Kansas v. NebraskaSupreme Court of the United States · 2015
- Rice v. GriffithSupreme Court of Missouri · 1942
- Larscheid v. KittellWisconsin Supreme Court · 1910
- Tansil v. McCumberSupreme Court of Iowa · 1925
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