Hazelton v. Miller
Hazelton v. Miller
Opinion of the Court
delivered the opinion of the Court:
The demurrer raises several questions, only one of which we find it necessary to consider.
The bill was rightly dismissed if for no other reason than a want of jurisdiction in equity.
The essential foundation of the jurisdiction to entertain a bill for the specific performance of a contract is the inadequacy of the remedy at law for its breach. Ordinarily, where the contract is for the conveyance of land, it is assumed that the remedy at law is inadequate and incomplete. But in this case that inference is negatived by the express allegations of the bill. The complainant alleges that he has entered into a binding contract to convey the property to the United States for the agreed sum of $14,395.50, and seeks a conveyance from the defendant, whose solvency is not even denied, for the sole purpose of performing that contract.
Having no other purpose, and having fixed and rendered certain the damages sustained by the breach of the contract, his
The decree must be affirmed, with costs; and it is so ordered.
Affirmed.
An appeal to the Supreme Court of the United States was allowed April 6, 1905.
Reference
- Full Case Name
- HAZELTON v. MILLER
- Cited By
- 2 cases
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- Published
- Syllabus
- Specific Performance; Equity; Adequate Remedy at Law. 1. While where a contract, specific performance of which is sought, is for the conveyance of land, it will generally be assumed that the remedy at law is inadequate, yet where that inference is negatived by the express averments of the bill seeking specific performance, a court of equity has no jurisdiction. 2. A bill in equity for the specific performance of a contract for the sale of land at a given price is properly dismissed on the ground that the complainant has an adequate remedy at law, where it alleges that the complainant has entered into a binding contract to convey the' land for a specified price, and seeks a conveyance from tile defendant, whose solvency is not denied, for the sole purpose of performing that contract.