Ohio Supreme Court, 1869

Campbell v. Hicks

Campbell v. Hicks
Ohio Supreme Court · Decided December 15, 1869 · Bbinkerhoff, Day, Scott, Welch, White
19 Ohio St. (N.S.) 433

Campbell v. Hicks

Opinion of the Court

Welch, J.

We do not see on what principle the plaintiff can ask to be relieved at the hands of a court of equity. He has utterly failed himself to fulfil the agreements which he seeks to enforce against the defendant; and his failure appears to be without any just excuse. Parties askiüg the specific execution of contracts must make it appear that they have been prompt, willing, and anxious ” to perform on their part. Otherwise, as a general rule, they will be left to their remedies at law.

The petition is dismissed with costs.

Bbinkerhoff, C.J., and Scott, White, and Day, JJ., concurred.

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