Haffner v. Dobrinski

Citations

• 215 U.S. 446
• 30 S. Ct. 172
• 54 L. Ed. 277
• 1910 U.S. LEXIS 1852

Syllabus

<p>In order that specific performance may be decreed on the ground of part performance the acts done and relied on by the party seeking relief must be such that damages would not be adequate relief.</p> <p>Specific performance rests in judicial discretion to be exercised according to settled principles of equity and with reference to the facts in the'particular case, and it may be refused where, as in this case, the conditions do not appeal to equitable consideration, even in case of part performance.</p> <p>The Supreme Court of Oklahoma did not err in refusing to decree specific performance in a case where complainant, had funds in his possession sufficient to cover his damages, if any, and where that court held that the alleged contract was unreasonable in its provisions, lacked mutuality, and the part performance did not take the contract out of the statute of frauds.</p>