Chicago & Alton Railroad v. Schœneman

Citations

• 90 Ill. 258

Syllabus

<p>1. Specific performance—rests in sound discretion. It is a settled principle, that a specific performance of a contract is not to be decreed as a matter of course because a legal contract is shown to exist, but it rests entirely in the discretion of the court, upon a view of all the circumstances of the case.</p> <p>2. Where the effect of a specific performance would be to impose upon the defendants a large expenditure and heavy burden, and inconvenience to public interests, without any practical benefit to the other party, a court of equity, in the exercise of its discretion, will refuse to decree it, and leave such other party to whatever remedy he may have at law for a breach of the contract.</p> <p>3. Where a railroad company, in consideration of the grant of a right of way over real estate, covenanted with the owners of the land, their heirs and assigns, to construct a draw-bridge on its track at a certain point, and maintain the same, so as to admit vessels from a river through a contemplated slip or canal, and it appeared that owing to an agreement made by certain owners of the la.nd afterwards, the slip or canal to the river could not be made continuous, so as to be of avail for canal purposes to the complainants who had succeeded to a part of the land, so that a draw-bridge would not subserve the end designed by the original contract, and the effect of specifically enforcing the agreement would be to seriously embarrass the railway company in its business, delay trains and endanger their safety, and from the large number of cars and locomotives daily passing over the bridge, would be a serious public detriment, a decree of specific performance against the company was refused.</p>