 A contract to be specifically enforced by the court must, as a general rule, be mutual, that is to say, such that it might, at the time it was entered into, have been enforced by either of the parties against the other of them.  Columbia Law Review - Halaman 81903Tampilan utuh - Tentang buku ini
 | Arkansas. Supreme Court - 1842 - 742 halaman
...sell his wife's lands, for the reason that the remedy is not mutual. And by mutuality I understand that the contract must be such that it might at the...enforced by either of the parties against the other. Now, if Partee had been reluctant to complete this exchange, or his wife had refused to be bound hy... | |
 | Alabama. Supreme Court - 1899 - 832 halaman
...Pomeroy on Contracts, §162. "A contract, to be specifically enforced, must be mutual — that is to say, such that it might at the time it was entered into,...by either of the parties against the other of them. Whenever, therefore, whether from personal incapacity, the nature of the contract, or any other cause,... | |
 | Thomas Foster Withrow, Edward Holcomb Stiles - 1879 - 556 halaman
...Iowa, 525). Id. 46. A contract to be specifically enforced must be such that it might, after being entered into, have been enforced by either of the parties against the other, and if the one party be incapable of performance he cannot enforce it upon the other. (Jarman v. Davis,... | |
 | 1907 - 2170 halaman
...'that the contract to be specifically enforced must as a general rule be mutual — that is to say, such that it might at the time it was entered into...enforced by either of the parties against the other," is open to so many exceptions that it is of little value as a rule. But in view of the firm place that... | |
 | Sir Edward Fry - 1884 - 868 halaman
...CONTRACT. § 44O. A contract to be specifically enforced by the court must be mutual — that is to say, such that it might, at the time it was entered into,...enforced by either of the parties against the other of them.(a)1 Whenever, therefore, whether from personal incapacity to contract, or the nature of the contract,... | |
 | 1904 - 1174 halaman
...that it cannot. "A contract, to be specifically enforced by the court, must be mutual; that Is to say, such that it might, at the time it was entered into,...by either of the parties against the other of them. Whenever, therefore, whether from personal incapacity to contract, or the nature of the contract, or... | |
 | 1904 - 1132 halaman
...286, It ie said a contract to be specifically enforced by the court must be mutual; that is to say, such that it might at the time it was entered into...by either of the parties against the other of them. Whenever, therefore, whether from personal incapacity, the nature of the contract, or any other cause,... | |
 | 1926 - 1230 halaman
...contract to be specifically performed by the court must, as a general rule, be mutual; that is to sny, such that it might, at the time it was entered into,...by either of the parties against the other of them. When, therefore, whether from personal incapacity to contract, or the nature of the contract, or any... | |
 | 1909 - 1076 halaman
...another work : 'A contract, to be specifically enforced by the court, must be mutual ; that is to say, such that It might, at the time it was entered Into,...by either of the parties against the other of them. Whenever, therefore, whether from personal incapacity, the nature of the contract, or any other cause,... | |
 | 1911 - 1320 halaman
...'that the contract to be specifically enforced must, as a general rule, be mutual, that is to say, such that it might, at the time it was entered into,...enforced by either of the parties against the other' — is open to so many exceptions that it is of little value as a rule. But, in view of the firm place... | |
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