Specialty

A writing sealed and delivered, containing some agreement. 2 Serg. & R. (Pa.) 503; Willes, 189; 1 P. Wms. 130; 10 Ga. 167. A writing sealed and delivered, which Is given as a security for the payment of a debt, in which such debt is particularly specified. Bac. Abr. "Obligation" (A). Although in the body of the writing it is not said that the parties have set their hands and seals, yet if the instrument be really sealed, it is a specialty, and, if it be not sealed, it is not a specialty, although the parties in the body of the writing make mention of a seal. 2 Serg. & R. (Pa.) 504; 2 Coke, 5a. See "Bond;" "Debt;" "Obligation."

A writing sealed and deliv- it is immaterial whether the subject relate ered, containing some agreement or promise. to real or personal estate; 2 Story, Eq. § Taylor v. Glaser, 2 S. & R. (Pa.) 503; 1 P. 717; Pom. Contr. 28; 1 S. & S. 607; 1 P. Wins. 130. A writing sealed and delivered, Wms. 570; Porter v. Water Co., 84 Me. 195, which is given as a security for the payment 24 Atl. 814. But the rule is confined to casof a debt, in which such debt is particularly es where courts of law cannot give an adespecified. Bac. Abr. Obligation (A). quate remedy; Finley v. Aiken, 1 Grant Cas. Although in the body of the writing it is (Pa.) 83; Justices of Inferior Court of Doughnot said that the parties have set their hands erty Co. v. Croft, 18 Ga. 473; 2 Story, Eq. and seals, yet if the instrument be really Jur. § 718; if there is an adequate legal remsealed it is a specialty, and if it be not seal- edy, the court will refuse specific performed it is not a specialty, although the parties ance, unless under all the circumstances it in the body of the writing make mention of a would be inequitable and unjust to do so; seal; Taylor v. Glaser, 2 S. & R. (Pa.) 504; Simon v. Wildt, 84 Ky. 157; Knott v. Mfg. 2 Co. 5 a. Co., 30 W. Va. 790, 5 S. E. 266. A specialty was the contract itself. If it Specific performance Is not of absolute principles of equity and with reference to the facts of the particular case, and not arbitrarily or capriciously; Wesley v. Eells, 177 U. S. 370, 20 Sup. Ct. 661, 44 L. Ed. 810; Hennessy v. Woolworth, 128 U. S. 438, 9 Sup. Ct. 109, 32 L. Ed. 500; Barrett v. Forney, 82 Va. 269; Ramsay v. Gheen, 99 N. C. 215, 6 S. E. 75; King v. Gsantner, 23 Neb. 795, 37 N. W. 654; it rests in judicial discretion, based upon settled principles of equity, and with reference to the particular facts. If based on part performance, the acts done must be such that damages would not be adequate relief; Haffner v. Dobrinski, 215 U. S. 446, 30 Sup. Ct. 172, 54 L. Ed. 277. A vendor of real estate may- either sue at law for the purchase-money or resort to equity for specific performance; Raymond v. Land & Water Co., 53 Fed. 883, 4 C. C. A. 89, 10 U. S. App. 601. An action at law for breach of contract to convey real estate is not an adequate remedy, and the existence of the right to it does not forbid the maintenance of a suit for specific performance; Wilhite v. Skelton, 149 Fed. 67, 78 C. C. A. 635; nor is it an adequate remedy for a failure to execute a trust; Rogers v. Mining Co., 154 Fed. 606, 83 C. C. A. 380. Equity will take jurisdiction for specific performance to avoid multiplicity of suits; Grand Trunk W. Ry. Co. v. R. Co., 141 Fed. 785, 73

A writing sealed and delivered, containing some agreement. A writing sealed and delivered, which ls given as a security for the payment of a debt, in which such debt is particularly specified. Baa Abr. "Obligation," A. A specialty is a contract under seal, and is considered by law as entered into with more solemnity, and, consequently, of higher dignity than ordinary simple centracts. Code Ga. 1882, § 2717.

— Specialty debt. A debt due or acknowledged to be due by deed or instrument under seal. 2 Bl. Comm. 465.

An instrument in writing debt due, or acknowledged to be due,

An instrument under seal. Debts by " specialty," or special contract, are debts whereby a sum of money becomes or is acknowledged to be due by deed or instrument under seal; as, by deed of covenant, by deed of sale, by lease reserving rent, or by bond or obligation.* A specialty is any sealed contract or obligation; a special contract as distinguished from an oral or ' Hannibal & St. Joseph E. Co. v. Missouri River Packet Co., 125 U. S. 260, 270 (1888), Lamar, J. The defendant, in the court below, recovered §5,300 for damages to steamboats, caused by striking the piers of the bridge. ''See4N. Y. 581; 6id.l76; 12 id. 593; 16 id 80; 18 id. 5T; SO id. 434; 5 Barb. 169; 23 id. 88; 5 Cal. 43; 45 id. 679; 43 id. 70. verbal contract, a parol or unsealed contract, and a contract or obligation of record." See Contract, Special; Covenant; Deeu, 2; Seal, 1.

A contract or obligation under

A contract, engagement, or obligation manifested by an instrument under seal. The tendency in modern books to use specialty as including obligations appearing by matter of record is not to be encouraged. That specialty means an obligation under seal, and does not include obligations by record, see Bac. Abr. Obligation, A.; Chitt. Contr.S; 2 Bl. Com. 465; Tomlins; Wharton; Burrill. The word specialty does not embrace a judgment. Kimball v. Whitney, 16 Ind. 280. The word specialty originally imported a writing actually under seal; though it has sometimes been extended to include judgments. But a note is not a specialty because it is secured by a mortgage. Seymour V. Street, 6 Neb. 85. A promissory note, in writing, and without seal, is not a specialty, within the meaning of that phrase, at common law; nor is it made a specialty by a statute that the same remedy may be had upon such an instrument as upon a bond or sealed instrument. Bank of the United States v. Donnally, 8 Pet..361.

contracts, is a writing sealed and delivered, containing some agreement. 2 Serg. & Rawle, 503; 1 Binn. Rep. 261; Willes, 189; 1 P. Wms. 130. Al.though in the body of the writing it is not said, that the parties have set their hands and seals, yet if the instrument be really sealed it isa specialty, and if it be not sealed, it is not a specialty, although the parties in the body of the writing make mention of a seal. 2 Serg. & Rawle, 504; 2 Rep. 5a; Perk. § 129.