specific performance
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 77 U.S. 339 - Marble Company v. Ripley · 1870Most cited · 355 citing opinions
Such a decree is not a matter of right. It rests in the sound discretion of the court, and generally it will not be made in favor of a party who has himself been in default.
How the Supreme Court has restated “specific performance”
Each Supreme Court definition of “specific performance,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “specific performance”
Court decisions citing the 10 opinions that defined “specific performance” — 1,178 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 10 definitions, chronological · 1809–1870
- ORIGINAL
Under these circumstances, it is the opinion of the majority of the court, that this case ought to be governed by those general principles which regulate the conduct of a court of chancery in decreeing a specific performance, if the defect of title, which existed at the time of contract, be cured before the decree.
defect of title cured before decree
In cases of this character, no rule is more universal than that he who asks for a specific performance must be in a condition to perform himself.
must be able to perform himself
Equity may compel parties to perform their agreements, when fairly entered into, according to their terms; but it has no power to make agreements for parties, and then compel them to execute the same. The former is a legitimate branch of its jurisdiction, and in its exercise, is highly beneficial to society. The latter is without its authority, and the exercise of it would be not only an usurpation of power, but would be highly mischievous in its consequences.
limits of equity
It is written evidence, which the statute requires, and a note or letter, and even in one case, a letter, the object of which was to annul the contract, on a ground really not unreasonable, has been held to bring a case within the provisions of the statute... The rule there laid down is, 'that the signature is to have the effect of giving authenticity to the whole instrument;' and in this instance, we hold it to be in its proper place, for that purpose. If so, the Court there further observes, 'that it does not signify much in what part of the instrument it is to be found.
statute of frauds, signature on memorandum
If it be doubtful whether an agreement has been concluded, or is a mere negotiation, Chancery will not decree a specific performance.
no relief on doubtful agreement
And there is no principle in equity better settled, than that he who asks a specific execution of his contract must show a performance on his part, or that he has offered to perform.
he who seeks must show performance
In respect to contracts for the sale of land, a court of equity, in general, does not exact from the parties a punctual performance of their engagements, to entitle them to its aid in obtaining a specific performance. If the contract is silent in respect to the condition of time, or fails to indicate a distinct purpose of the parties to make it an essential consideration, and where no circumstance exists to manifest its importance, it is the habit of the court to relax the stringency of the rules of legal interpretation on that subject, and to decree performance, and direct compensation, even in cases where there has been inattention or neglect.
It is a general principle of equity, to grant a decree of specific performance only in cases where there is a mutuality of obligation, and when the remedy is mutual, and that it will not be rendered in favor of one who has been guilty of an unreasonable delay in fulfilling his part of the engagement, or who has slept for a lengthened period on his rights, and comes forward at last, when circumstances have changed in his favor, to enforce a stale demand.
This form of relief is not a matter of absolute right to either party; it is a matter resting in the discretion of the court, to be exercised upon a consideration of all the circumstances of each particular case.