Cases On Equity Jurisdiction volume 2

Cover Cases On Equity Jurisdiction volume 2
Cases On Equity Jurisdiction volume 2
James Brown Scott
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" That is exactly the observation which I should make in this •case were the facts as alleged by this company.
Stoxe v. Pratt, 1860, 25 111. 25. Mr. Chief Justice Caton. — This is a bill for the specific performance of an agreement by one who at law has no claims whatever upon the defendant, at least in his own name. Such a bill is always addressed to the sound discretion of the court, which must be governed by the circumstances of each case as it is presented. In the case of Lear v. Chouteau,
...23 111. 39, this court said: "In order to induce a court of equity to enforce specifically a contract, it must be founded on a good consideration, it must be reasonable, fair and just. If its terms are such as our sense of justice revolts at, this court will not enforce it, though admitted to be binding at law. " It may be added that the complainant must show no oppression or unconscion- able advantage, when he comes into a court of conscience asking for a remedy beyond the letter of his strict rights.

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