 Whenever, therefore, whether from personal incapacity, the nature of the contract, or any other cause, the contract is incapable of being enforced against one party, that party is equally incapable of enforcing it against the other, though its execution...  Reports of Cases Determined in the Appellate Courts of Illinois - Page 112by Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1900Full view - About this book
 | Alabama. Supreme Court - 1899 - 832 pages
...of them. Whenever, therefore, whether from personal incapacity, the nature of the contract, or any other cause, the contract is incapable of being enforced against one party, that party is incapable of enforcing it against the other, though its execution in the latter way might be free from... | |
 | New Jersey. Court of Chancery, Charles Ewing Green - 1867 - 614 pages
...accept at the time fixed for the performance of the contract. Ib. The general principle is. that where the contract is incapable of being enforced against...equally incapable of enforcing it against the other. But 564 the principle does not apply where the contract, by its terms, gives to one party a right to... | |
 | United States. Supreme Court - 1871 - 726 pages
...incapable of being enforced against one party, that party is equally incapable of enforcing it specifically against the other, though its execution in the latter...from the difficulty attending its execution in the former.J But what is a still more satisfactory reason for withholding a decree for specific performance... | |
 | United States. Supreme Court - 1871 - 730 pages
...general principle that when, from personal incapacity, the nature of the contract, or any other cause, a contract is incapable of being enforced against one...party, that party is equally incapable of enforcing it specifically against the other, though its execution in the latter way might in itself be free from... | |
 | Iowa. Supreme Court - 1873 - 662 pages
...a fundamental rule of equity that, when from personal incapacity, the nature of the contract or any other cause, the contract is incapable of being enforced...difficulty attending its execution in the former. Fry on Specific Performances, §§ 286, 287 ; Marble Company v. Ripley, 10 Wall. 359. The contract to be enforced... | |
 | Sir Edward Fry - 1884 - 868 pages
...Whenever, therefore, whether from personal incapacity to contract, or the nature of the contract, or any other cause, the contract is incapable of being enforced...difficulty attending its execution in the former.' (a) In Williams v. Williams, LR 2 Cb., verbal family arrangement. Consider Turner 294, 304, there was... | |
 | 1904 - 1172 pages
...Whenever, therefore, whether from personal incapacity to contract, or the nature of the contract, or any other cause, the contract is incapable of being enforced...difficulty attending its execution in the former." And "a party not bound by the agreement itself has no right to call upon a court of equity to enforce... | |
 | 1885 - 906 pages
...a year's notice. When, from personal incapacity, the nature of the contract, or any other cause, a contract is incapable of being enforced against one...party, that party is equally incapable of enforcing it specifically against the other, though its execution in the latter way might itself be free from the... | |
 | 1893 - 1176 pages
...Ann, on the other. The latter could not enforce the contract against the former. "Whenever « • « the contract is incapable of being enforced against one party, that party is equally Incapable of enforcingit against the other, though its execution in the latter way might in itself be free from... | |
 | 1896 - 1166 pages
...party, this party is equally incapable of enforcing It specifically against the other party, although its execution in the latter way might, In itself, be free from difficulty attending its execution in the former." Spec. Perf. p. 214, § 440. Upon looking into the... | |
| |
