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" And even when time is not thus either expressly or impliedly of the essence of the contract, if the party seeking a specific performance has been guilty of gross laches, or has been inexcusably negligent in performing the contract on his part ; or if... "
Reports of Cases Argued and Determined in the Court of Chancery, the ... - Page 521
by New Jersey. Court of Chancery - 1877
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The American Jurist and Law Magazine, Volume 6; Volume 24

Law - 1843 - 530 pages
...thus, either expressly or impliedly, of the essence of the contract, if the party seeking a specific performance has been guilty of gross laches, or has...on his part, or if there has, in the intermediate periods, been a material change in circumstances, affecting the rights, interests, or obligations of...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 21

New Jersey. Court of Chancery - Law reports, digests, etc - 1871 - 652 pages
...thus either expressly or impliedly of the essence of the contract, if the party seeking a specific performance has been guilty of gross laches, or has...plain ground that it would be inequitable and unjust." I think in the light of these rules, it may be fairly said that the complainant has lost his equitable...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 14

United States. Supreme Court - Law reports, digests, etc - 1854 - 684 pages
...thus either expressly or impliedly of the essence of the contract, if the party seeking a specific performance has been guilty of gross laches, or has...the parties ; in all such cases, Courts of Equity will'refuse to decree any specific performance, upon the plain ground that it would be inequitable...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 10

California. Supreme Court - Law reports, digests, etc - 1858 - 744 pages
...performing the contract on his part, or if there has, in the intermediate periods, been a material change in circumstances affecting the rights, interests, or...performance upon the plain ground that it would be unequitable and unjust. But, except under circumstances of this sort, or of an analogous nature, time...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 61

United States. Supreme Court - Law reports, digests, etc - 1858 - 676 pages
...seller or purchaser; and even when it is not so, expressly or impliedly, -if the party seeking redress has been guilty of gross laches, or has been inexcusably...the contract on his part, or if there has, in the mean time, been a material change in the circumstances affecting the rights, interests, or obligations...
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A Selection of Leading Cases in Equity: With Notes, Volume 3

Frederick Thomas White, Owen Davies Tudor - Equity - 1859 - 760 pages
...thus either expressly or impliedly of the essence of the contract, if the party seeking a specific performance has been guilty of gross laches, or has...plain ground that it would be inequitable and unjust. "But except under circumstances of this sort, or of an analogous nature, time is not treated by courts...
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Pittsburgh Reports, Volume 1

Boyd Crumrine - Law reports, digests, etc - 1872 - 624 pages
...where time is not expressly or impliedly of the essence of the contract, if the party seeking specific performance has been guilty of gross laches, or has been inexcusably negligent iu performing the VOL. i.— 36 contract on bis part, or if there has been in the intermediate period...
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Reports of Decisions in the Supreme Court of the United States, Volume 2

United States. Supreme Court, Samuel Freeman Miller - Law reports, digests, etc - 1875 - 848 pages
...seller or purchaser ; and even when it is not so, expressly or impliedly, if the party seeking redress has been guilty of gross laches. or has been inexcusably...the contract on his part, or if there has, in the meantime, been a material change in the circumstances affecting the rights, interests, or obligations...
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A Treatise on the Specific Performance of Contracts: As it is Enforced by ...

John Norton Pomeroy - Contracts - 1879 - 682 pages
...time is not thus expressly or impliedly of the essence of the contract, if the party seeking aspecitic performance has been guilty of gross laches, or has...plain ground that it would be inequitable and unjust. But, except under circumstances of this sort or of an analogous nature, time is not treated by courts...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 47-48

Law reports, digests, etc - 1892 - 1912 pages
...thus, either expressly or impliedly, of the essence of the contract, if the party seeking a specific performance has been guilty of gross laches, or has...performing the contract on his part, or if there has been in the intermediate period a material change of circumstances, affecting the rights, interests,...
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