McCabe v. Matthews

Citations

• 155 U.S. 550
• 15 S. Ct. 190
• 39 L. Ed. 256
• 1895 U.S. LEXIS 2104

Syllabus

<p>A decrée- for the specific performance of a contract for the sale of real estate does not'go as a matter of course, but is granted or withheld according as equity and justice seem to demand in view of all the circumstances of the case.</p> <p>A. contracted with B. in writing for the sale to him of a part interest in lands in Florida then worth about $300 to be acquired by B. A. paid B. one dollar, and after that did nothing to assist B. He waited nine years after the contract was made, nearly as much after he had good reason to believe that B. repudiated all liability under it, nearly five years after B. had filed his deed of the property in the public records, two years after he received actual notice of that fact, and then, when the property had reached a value of $15,000, without any tender of money or other consideration filed a bill for specific performance. Held, that the long delay was such laches as forbade a court of equity to interfere.</p>