The jurisdiction of courts of equity to decree the specific performance of agreements is of a very ancient date, and rests on the ground of the inadequacy and incompleteness of the remedy at law. Its exercise prevents the intolerable travesty of justice... Reports of Civil and Criminal Cases Decided by the Court of Appeals of ... - Page 480by Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1899Full view - About this book
| Law reports, digests, etc - 1910 - 2132 pages
...decree the specific performance of agreements Is of a very ancient date, and rests on the grounds of inadequacy and Incompleteness of the remedy at law....pleasure by electing to pay damages for the breach. It must not be forgotten that in the increasing complexities of modern business equitable remedies have... | |
| Law reports, digests, etc - 1919 - 1076 pages
...courts of equity to decree the specific performance of agreements Is of a very ancient date, and resls on the ground of the inadequacy and Incompleteness...pleasure by electing to pay damages for the breach.'' As the Special Term erred in prejudgment, in that it was not the equity court at trial, we will not... | |
| William John Tossell - Law reports, digests, etc - 1905 - 832 pages
...speaking for the court, says, p. 600 : " The jurisdiction of courts of equity to decree the specific performance of agreements is of a very ancient date...performance of their contracts at pleasure by electing topay damages for the breach. " It is not contended that multiplicity of suits to recover damages for... | |
| New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1919 - 1124 pages
...the court, by the Chief Justice, say: " The jurisdiction of courts of equity to decree the specific performance of agreements is of a very ancient date,...pleasure by electing to pay damages for the breach." As the Special Term erred in prejudgment, in that it was not the equity court at trial, we will not... | |
| Railroad law - 1897 - 854 pages
...management of the corporate affairs. 3. The jurisdiction of courts of equity to decree the specific performance of agreements is of a very ancient date,...pleasure by electing to pay damages for the breach. Union Pac. Ry. Co. v. C., RI & P. Ry. Co. It is not contended that multiplicity of suits torecover... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1899 - 1044 pages
...per Fuller, CJ: "The Jurisdiction of equity to decree the specific performance of agreements Is of very ancient date, and rests on the ground of the...refuse performance of their contracts at pleasure upon electing to pay damages for the breach. .... But It Is objected that equity will not decree specific... | |
| Edward Avery Harriman - Contracts - 1901 - 456 pages
...jurisdiction of courts of equity to decree specific performance, says Chief Justice Fuller in a recent case, "prevents the intolerable travesty of justice involved...pleasure by electing to pay damages for the breach." Even in Massachusetts the doctrine advocated by the learned Chief Justice of § 562. i A nte. §§551,552.... | |
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