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" 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 480
by Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1899
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 179-180

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...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 202

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1906 - 702 pages
...Pacific Ry. Co. v. Chicago &c. Ry. Co., 163 US 564, 600. The exercise of jurisdiction by courts of equity prevents the intolerable travesty of justice involved...pleasure by electing to pay damages for the breach. The rule laid down in the text-books upon the subject is in consonance with the decisions, and both...
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The New York Supplement, Volume 176

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...
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Reports of Cases Argued and Determined in Ohio Courts of Record Except ...

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...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 187

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...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 163

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1896 - 770 pages
...These contracts were such contracts as a court of equity can specifically enforce, and thereby prevent the Intolerable travesty of justice involved In permitting...pleasure, by electing to pay damages for the breach. The public interests involved in these contracts demand that they should be upheld and enforced. It...
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The American and English Railroad Cases: A Collection of All Cases ...

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...
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The American State Reports: Containing the Cases of General Value ..., Volume 68

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...
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The Law of Contracts

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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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 202

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1906 - 710 pages
...Pacific Ry. Co. v. Chicago &c. Ry. Co., 163 US 564, 600. The exercise of jurisdiction by courts of equity prevents the intolerable travesty of justice involved...pleasure by electing to pay damages for the breach. The rule laid down in the text-books upon the subject is in consonance with the decisions, and both...
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