McCabe v. Crosier

Citations

• 69 Ill. 501

Syllabus

<p>1. Specific performance—matter of discretion. It is the settled doctrine of this court that a party can not, as a matter of right, have a contract specifically enforced in equity, but that the exercise of this power rests in the sound discretion of the court in view of the terms of the contract and the surrounding circumstances.</p> <p>2. Same—pa/rty ashing must not be guilty of defa/ult or laches. Where a party asking the specific performance of a contract has not performed his part of the contract, or shown any readiness to perform, and after great delay, unexplained by equitable circumstances, there will be no error in refusing him relief.</p>