Ford v. Euker

Citations

• 86 Va. 75
• 9 S.E. 500
• 1889 Va. LEXIS 11

Syllabus

<p>1. Specific pebfoemance— TF/¡en granted.—Specific performance is not a matter of right in either party. It will be granted only when the contract is clear, distinct, and mutual. If it will work injustice, the party will he left to his action for damages. Generally he should not have been backward awaiting change of circumstances so as to enforce or abandon the contract, as may be most advantageous.</p> <p>2. Idem— Contract waived—Case at bar.—Parties contracted for sale and purchase of a certain lot. Later, they agreed that vendor should sell that lot and another to vendee’s son at a different price, with right to vendor to reconveyance of second lot within a fixed time: held, first contract being waived, specific performance could not be decreed.</p> <p>3. Idem.—Vendor’s wife refused assent to the sale, and he declined to proceed with it. Vendee sued for damages. After nearly two years, when the lots had appreciated in value, improvements having been made thereon, vendee sued for specific performance, proposing to accept a conveyance subject to the wife’s contingent dower rights: held, right to specific performance was waived.</p> <p>4. Idem— Want of mutuality.—Vendee’s son, not having by himself or anyone for him, executed the contract, vendor could not have compelled him to perform the contract. Specific performance for his benefit can not be compelled.</p>