The Law of Contracts volume 1

Cover The Law of Contracts volume 1
The Law of Contracts volume 1
Theophilus Parsons
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189; Shaw V. Fisher, 12 Jur. 152 ; Wynne v. Price, 13 Jur. 295. — The idea formerly entertained, that a court of equity might award compensation for non-perform- ance of a contract of sale, is now explod- ed. Todd V. Gee, 17 Ves. 273 ; Sains- bury V. Jones, 5 Myl. & Cr. 1.
(o) See Moses v. McFerlan, 2 Burr. 1011 ; Farrer v- Nightingal, 2 Esp. 639 ; Squire v. Tod, 1 Camp. 293. It seems that if the subject-matter of the contract be such that both vendor and purchaser would be reimbursed by damage
...s, a court of equity will decline to interfere, and will leave a party to his remedy at law. This is the case in ordinary agreements for the sale of stock. Cud V. Rutter, 1 P. Wms. 570 ; Nutbrown v. Thornton, 10 Ves. 159. — It has been thought, however, that in some cases a bill in equity for specific performance ought to be maintained in such con- tracts. See 2 Story, Eq. Juris. § 717, 724.
(p) See Davis v. Symonds, 1 Cox, 407 ; Seymour v. Delancey, 6 Johns. , Ch. 225*; Acker v. Phccnix, 4 Paige, [426] 305 ; Nellis r.


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