Robinson v. Sanitarium
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; Appellee does not come into court with clean hands, but comes trying to enforce a contract that was obtained by unfair methods,. Fairness, and honesty in business. dealings is demanded, especially in chancery courts. Specific performance is within the sound discretion of the court, and if the contract is inequitable it will not be enforced. One seeking equity must come into court with clean hands.
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Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; Appellee does not come into court with clean hands, but comes trying to enforce a contract that was obtained by unfair methods,. Fairness, and honesty in business. dealings is demanded, especially in chancery courts. Specific performance is within the sound discretion of the court, and if the contract is inequitable it will not be enforced. One seeking equity must come into court with clean hands. The contract must he free from fraud, mistake, misrepresentation, or illegality. 25 R. C. L., p. 223, % 21; Pomeroy’s Eq. Jur. (3…
1Opinion of the CourtWood, J.
The appellee instituted this action against the appellant in the Jefferson Chancery Court, alleging that it was owner of a certain half block of land with the improvements thereon in the city of Pine Bluff, Arkansas; that it agreed to sell the land to appellant for the sum of thirty thousand dollars, as evidenced by a written bid or offer from the appellant to the appellee of that sum for the purchase of the property. With the offer was a certified check for $4,500 cash, and the balance to be paid in three years at eight per cent, per annum, payable semi-annually, with the privilege of paying…
2Cases cited4 opinions
- Grant v. LedwidgeSupreme Court of Arkansas · 1913
- Wilkins v. EanesSupreme Court of Arkansas · 1916
- Cleavenger v. SturmWest Virginia Supreme Court · 1906
- Taliaferro v. BoydSupreme Court of Arkansas · 1914
3Cited by5 opinions
- Petroleum Exchange Inc. v. PoynterNorth Dakota Supreme Court · 1954
- McCargo v. SteeleDistrict Court, W.D. Arkansas · 1958
- Chicago Mill & Lumber Co. v. MatthewsSupreme Court of Arkansas · 1924
- Nichols Brothers Investments v. Rector-Phillips-Morse, Inc.Court of Appeals of Arkansas · 1990
- Garrison v. GerenSupreme Court of Arkansas · 1923