Hennessy v. Woolworth

Citations

• 128 U.S. 438
• 9 S. Ct. 109
• 32 L. Ed. 500
• 1888 U.S. LEXIS 2234

Syllabus

<p>Specific performance is not of absolute right, but rests entirely in judicial discretion, to be exercised according to settled principles of equity, but always with reference to the facts of the particular case.</p> <p>A decree for specific performance should never be granted unless the terms of the agreement sought to be enforced are' clearly proved, nor when it is left in doubt whether the party against whom relief is asked in fact made such an agreement as is alleged.</p> <p>The assent of the husband of a married woman to the terms of an agreement made by an agent for the sale and conveyance of lands of the wife situated in Minnesota is not sufficient to bind the wife.</p> <p>In this case, it not being clearly established that the wife assented to the agreement for the sale of her real estate of which a specific performance is sought to be enforced, though the assent of the husband is shown, the decree is refused.</p>