| William Williamson Kerr - Fraud - 1868 - 498 pages
...(r). It is a principle in equity that the court must see its way very clearly before it will decree specific performance, and that it must be satisfied as to the integrity and good faith of the party seeking its interference (s). Misrepresentation as to a small portion only of the property, the... | |
| Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1875 - 768 pages
...which, if established by evidence, might induce a court of equity to withhold its aid to enforce it For "it is a principle in equity, that the court must...of the parties seeking its special interference." Lord LYNDHURST, in Brealey v. Collins, 1 Younge, 317-327 ; Walters v. Morgan, 3 D., F. & J., 718. In... | |
| Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1880 - 964 pages
...fair. It is a principle in equity that the court must see its way very clearly before it will decree specific performance, and that it must be satisfied as to the integrity and good faith of the party seeking its interference. Kerr on Fraud and Mistake, 358. The unfairness, which will disentitle... | |
| Canada - 1904 - 1152 pages
...the Court must see its way very clearly before it will decree specific performance of a contract, and it must be satisfied as to the integrity and good...faith of the parties seeking its special interference : Goiiffh v. Bench, 6 0. R. 699 ; Harris v. Robinson, 21 SCB 391. The defendant had the right to know... | |
| William Williamson Kerr - Fraud - 1883 - 640 pages
...and fair (2). The Court must see its way very clearly before it will decree specific performance, and must be satisfied as to the integrity and good faith of the party seeking its interference (a). Misrepresentation as to a small portion only of the property, the... | |
| christopher robinson - 1885 - 848 pages
...course: Stanley v. Robinson, 1 & R. My. 527. As put by Lord Lyndhurst in Beasley v. Collins, Younge 327 : "It is a principle in equity, that the Court must...of the parties seeking its special interference." Upon the facts the transaction must be deemed an improvident one if the evidence is credible as to... | |
| Law reports, digests, etc - 1885 - 848 pages
...Stanley v. Robinson, 1 & R. My. 527. As put by Lord Lyndhurst in Beasley v. Collins, Younge 327 : " It is a principle in equity, that the Court must see...of the parties seeking its special interference." Upon the facts the transaction must be deemed an improvident one if the evidence is credible as to... | |
| Law reports, digests, etc - 1885 - 858 pages
...The court must see its way very clearly before it will decree specific performance of a contract, and it must be satisfied as to the integrity and good...faith of the parties seeking its special interference. Where incapacity and inadequacy go hand in hand, the Court may refuse to enforce a contract, although... | |
| Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Edward Potton, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1898 - 858 pages
...Broirne.*", The guarantie is wholly inconsistent with the life being a healthy life. LORD LYNDHURST, CB: The principles by which courts of equity are governed...in the first instance, stated to be a very healthy t 20 B, E. 243 (1 J. & W. 112). || 17 BR 171 (3 Mer. 704). I 12 BB 23,s (1 V. & B. 375). f 9 EB 255... | |
| Thomas Johnson Michie - Law reports, digests, etc - 1907 - 1062 pages
...fair. It is a principle in equity that the court must see its way very clearly before it will decree specific performance, and that it must be satisfied as to the integrity and good faith "f the party seeking its interference. Kerr on Fraud and Mistake, 358. Stearns v. Beckham, 31 Gratt.... | |
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