Wesley v. Eells, 177 U.S. 370 (1900)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Wesley v. Eells, 177 U.S. 370 (1900)
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Wesley v. Eells, 177 U.S. 370 (1900) No. 176 Argued and submitted March 9, 1900 Decided April 9, 1900 177 U.S. 370
APPEAL FROM THE CIRCUIT COURT OF THE UNITED
STATES FOR THE NORTHERN DISTRICT OF OHIO
Syllabus
Specific performance of an executory contract is not of absolute right. It rests entirely in judicial discretion, exercised, it is true, according to the settled principles of equity, and not arbitrarily or capriciously, yet always with reference to the facts of the particular case.
A court of equity will not compel specific performance if, under all the circumstances, it would be inequitable to do so.
It is a settled rule in equity that the defendant in a suit brought for the specific performance of an executory contract will not be compelled to take a title about which doubt may reasonably exist or which may expose him to litigation.
Speaking generally, a title is to be deemed doubtful where a court of coordinate jurisdiction has decided adversely to it or to the principles on which it rests.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Wesley v. Eells, 177 U.S. 370 (1900) in 177 U.S. 370 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=3V571Y25IMW5QPZ.
MLA: U.S. Supreme Court. "Syllabus." Wesley v. Eells, 177 U.S. 370 (1900), in 177 U.S. 370, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=3V571Y25IMW5QPZ.
Harvard: U.S. Supreme Court, 'Syllabus' in Wesley v. Eells, 177 U.S. 370 (1900). cited in 1900, 177 U.S. 370. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=3V571Y25IMW5QPZ.
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