Joseph S. Clarke and Richard S. Briscoe, Appellants v. William G. W. White Book Reviews

Joseph S. Clarke and Richard S. Briscoe, Appellants v. William G. W. White by United States Supreme Court Book Summary

The appellants contend the decree should be reversed, and the bill dismissed; upon various propositions of law and fact. 1st. It is insisted: 'The complainant has laid no ground in his bill for equitable relief. Neither the agreement itself, as alleged in the bill, nor any of the collateral circumstances, being of a nature to call for a specific performance in equity.' The doctrine of specific performance has reference, ordinarily, to executory agreements for the conveyance of lands, and is rarely applied to contracts affecting personal property. 2 Story's Eq. 26, 36. Nor is relief sought by the complainant on this head of jurisdiction. To encumber the case made by the pleadings with doctrines foreign to the subject matter litigated, would tend to confound principles in their nature dissimilar and separate. The relief prayed, is the delivery to the complainant of instruments to which he is entitled. 2 Story's Eq. 12. Not the execution of an executory contract, furtherthan to decree the amount he has been compelled to pay to Clagett and Washington; which is an incident to the exercise of jurisdiction that coerces the delivery of the instruments.

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Joseph S. Clarke and Richard S. Briscoe, Appellants v. William G. W. White (United States Supreme Court) Book Reviews 2024

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