Booras v. Logan

The plaintiff by this suit sought specific performance of a written agreement made by the defendant to sell to him a going business and certain fixtures and chattels. It was alleged that the plaintiff, in accordance with the contract, paid to the defendant on account of the purchase $1,000, and that the defendant refused to perform his part of the contract. The case was heard before a judge of the Superior Court, who found as facts that specific performance of the agreement could not be compelled and that the “defendant offered to return the deposit. This the plaintiff is entitled to.” He…