Frisby v. Ballance

Citations

• 5 Scam. 287

Syllabus

<p>Appeal from Peoria.</p> <p>1. Specific performance — not matter of course. An application for the specific performance of a contract is addressed to the sound legal discretion of the court ; and it is not a matter of coarse that it will be decreed, because a legal contract is shown to exist, (a) </p> <p>2. Same — only of fair contract. A specific performance of 'a contract will not be decreed, unless it has been entered into with perfect fairness and without misapprehension, misrepresentation, or oppression.</p> <p>3. Contract — -raleof construction. An agreement is to be construed and enforced, in reference to the consideration in contemplation of the parlies at the time of making it, notwithstanding the language may be broad enough to include other matters which they knew not of at the time.</p> <p>4. Same — under misapprehension of fact. Where a contract is entered into under a misapprehension of fact, a court of chancery will not decree a specific [ *288] performance of the contract, though it may correct a mistake therein, but will leave the complainant to enforce his rights, if he has any, in a court of law.</p> <p>5. COSTS — in chancery discretionary. The awarding of costs, in a court of equity, is a matter of discretion with the court, (b) </p> <p>6. Specific performance — decree refused when. It is not necessary to authorize a court of chanceiy to refuse a decree for the specific performance of a contract, that it- should be so tainted with fraud as to authorize a decree that it should be given up and cancelled.</p>