Thaxter v. Sprague

This is a bill for specific performance, filed on March 26,1888. The plaintiff is not entitled as a matter of strict right to the relief which she seeks. The application is addressed to the discretion of the court, which, in considering it, will take into account all the circumstances. Lee v. Kirby, 104 Mass. 420. Curran v. Holyoke Water Power Co. 116 Mass. 90. Wonson v. Fenno, 129 Mass. 405. Western Railroad v. Babcock, 6 Met. 346, 352. The contract on which the plaintiff relies was dated April 26, 1887, and provided for the payment of $50 down by her and $25 per month till the amount of…