A Selection of Leading Cases in Equity volume Vol 1 Pt 2

Cover A Selection of Leading Cases in Equity volume Vol 1 Pt 2
A Selection of Leading Cases in Equity volume Vol 1 Pt 2
Frederick Thomas White
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In equity, wherever a special remedy is sought in addition to the ordinary one of pecuniary damages, a valuable consideration is al- ways requisite. As a general rule equity will not decree specific performances of agreements relating to personalty, owing to the fact that compensation by way of damages is usually sufficient. Cases may however arise in which damages will not afford a suffi- cient remedy; as a contract for the sale of shares of stocks in a par- ticular company, or for the deliver
...y of goods which the vendor alone can supply. Where the contract concerning personalty amounts to a trust, its performance will be specifically enforced regardless of the nature the particular property: Johnson v. Brooks, 93 N. Y. 337; Cowles v. Whitman, 10 Conn. 121. Relief incases of person- alty has also been frequently applied where articles which have a peculiar value, have been tortiously withheld. ] 399 * 961 PUSEY V. PUSEY.
[ * 961 ] * PUSEY v. PUSEY.
Be Term. S. Mich. 20th November, 1684.


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