The Principles of Equity a Treatise On the System of Justice Administered in C
The Principles of Equity a Treatise On the System of Justice Administered in C
George Tucker Bispham
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444. 3 Port Royal Railroad Go. V. Ham- mond, 58 Ga. 523; ante, § 47 (note). * See Pye r. Daubuz, 3 Bro. G. G. 595; Edwards r. Appelbee, 2 Id. 652, n. ; Smith /•. Baker, 1 Y. & G. Gh. 223; Gibson v. (Joklsmid, 5 De G. , M. H. I. ] SPECIFIC PERFORMANCE. 539 368. Personal property. In regard to personalty it may be stated, as a general rule, that equity will not decree specific performance of contracts relating to this species of property, for the reason that com- pensation by way of damage is ord...inarily sufficient ; although it has been held that the mere circumstance that the bill seeks performance of a contract which relates to personalty, does not render it demurrable.^ It is obvious, however, that sometimes the detention of personal property cannot be adequately re- dressed by damages, and in such cases the jurisdiction of equity attaches.^ Accordingly, contracts for the sale of shares in a particular company ^ (though not ordinarily, for the sale of & Ci. 757 (a case of shares in a gas company); Nelson )•.
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