This section is from the book "Popular Law Library Vol7 Equity Jurisprudence, Trusts, Equity Pleading", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
The principal defenses which can be set up against the granting of specific performance are the following: Want of mutuality.
Want of, or inadequacy of, consideration. The statute of frauds.
7 Moses vs. Scott, 84 Ala., 608. 8 Krohn vs. Williamson, 62 Fed. Rep., 869.
9 Bumgartner vs. Leavitt, 35 W.
Va., 194.
10 Amer. & Eng. Ency. of Law, Vol.
XXVI, page 122. 11 Lawrence vs. Saratoga Lake R.
Co., 36 Hun. (N. Y.), 475. 12 Woodbury vs. Luddy, 14 Allen
(Mass.), 1; Bostwick vs. Beach
103 N. Y., 422.
Lapse of time.
Impossibility of performance.
Penal or liquidated sum named in contract.
 
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