An Epitome of Leading Conveyancing And Equity Cases : With Some Short Notes Thereon : Chiefly Intended As a Guide to "tudor's Leading Cases On Conveyancing," And "white And Tudor's Leading Cases in Equity"

Cover An Epitome of Leading Conveyancing And Equity Cases : With Some Short Notes Thereon : Chiefly Intended As a Guide to "tudor's Leading Cases On Conveyancing," And "white And Tudor's Leading Cases in Equity"
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63 performance will be granted, viz., ttose for tte breach whereof dama.ges will not fully compensate ; and Seton v. Slade shews that though terms may not have been strictly complied with, yet spe- cific performance may be decreed. But in such a case the Court will take care to make proper compensation. And this principle of decreeing specific performance with compensation is applied where the vendoi" seeks specific performance and has not exactly the interest he contracted to sell, but the dif...ference is not material ; but a purchaser cannot be forced to accept lands of a different tenure to what he contracted to buy, for this is not considered a matter for compensation.
The decision in Lester v. Foxcrofl is upon the ground, that after a person has been allowed to do acts in part performance, it would be a fraud on the part of the person who has arllowed him to do such acts not to perform his part of the contract. Acts to be a part performance must be exclusively referable to the agreement and such acts as payment of purchase-money, delivery of abstract, and the like, are not sufficient part performance; but letting a purchaser into possession is.


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