Kahn v. Orenstein

Citations

• 12 Del. Ch. 344
• 114 A. 165
• 1921 Del. Ch. LEXIS 37

Syllabus

<p>The general rule is that a Court of Chancery will not enforce part only of an indivisible contract, since a contract must be enforced completely if at all, and so as to secure substantially all that the parties contracted for at the time of the agreement.</p> <p>A contract for the sale of real estate containing combined store and dwelling house and for the fixtures and stock was divisible into three parts, or at least the agreement as to the stock was severable from the other two subject-matters.</p> <p>Divisibility of contracts depends largely on the character of the consideration; if it be single, the contract covering several matters is entire; but, if it is expressly or by necessary implication apportioned, the contract is severable.</p> <p>Chancery has jurisdiction to decree specific performance of a contract for the sale of land at the suit of the vendor.</p> <p>The statute which since 1792 has existed in Delaware denying to the Chancellor power to determine any matter wherein sufficient remedy may be had at law is declaratory of a limitation established from ancient times irrespective of statutes.</p>