Brady's Appeal

Citations

• 66 Pa. 277
• 1870 Pa. LEXIS 297

Syllabus

<p>1. In a proceeding in the Orphans’ Court to compel specific performance, the same principles govern as in a court of equity.</p> <p>2. Specific performance is of grace; if a chancellor find reasons to withhold his aid, he will leave the party to his remedy at law.</p> <p>3. Specific performance refused of an executory contract between a son and a very old and feeble father, although in possession of his mental faculties, there being no part execution and there being evidence of trick and undue influence.</p> <p>4. Peirsoll v. Neill, 13 P. P. Smith 420, recognised.</p>