Chilhowie Iron Co. v. Gardiner

Citations

• 79 Va. 305
• 1884 Va. LEXIS 85

Syllabus

<p>1. Specific Performance.—A court of equity will not grant a decree for specific performance of a contract ex debito justitice. It is .always a question of sound judicial discretion. The contract must be certain and definite in all its parts, and clearly proved. S'. V. R. R. Co. v. Lewis, 76 Va. 833. It must also be reasonable and not grossly unequal; likewise, it must be mutual in its obligation.</p> <p>2. Idem—Laches.—If plaintiff has been unreasonably dilatory, or in default in performing, or has broken the contract on his part, specific performance will not be decreed.</p> <p>-3. Idem—Husband and Wife—Mutuality.—A husband contracts to sell his wife’s land, upon a bill in chancery, by the husband and wife against the purchaser, to compel specific performance of the agreement, specific performance will not be decreed, because specific performance could not be decreed at the suit of the purchaser, upon a bill against the husband and wife to compel her to convey her land; and so the remedies are not mutual. Watts & ais v. Kinney & Wife, 3 Leigh, 98. McCann v. fanes, 1 Rob. R. 271</p>