In an illuminating article on the subject,63 Ames objects to the rule as generally stated for the reason that "the truth of the following eight propositions, each one of which is at variance with the statement just quoted,64 will be generally admitted :

"(1) A bilateral contract between a fiduciary and his principal is often enforced in favor of the principal, although not enforceable against him.65

"(2) A similar contract procured by the fraud or misrepresentation of one of the parties may be enforced against him, although not by him.66

"(3) In England, one who, after making a voluntary settlement, has entered into a contract to sell the settled property, may be compelled to convey, although he cannot force the buyer to accept a conveyance.67

" (4) A vendor, whose inability to make a perfect title debars him from obtaining a decree against the buyer, may in many cases be forced by the buyer to convey with compensation.68

"(5) Notwithstanding the opinions of Lord Redesdale and Chancellor Kent to the contrary, a party to a bilateral consaid: "The doctrine of this court is that if a contract for the conveyance of real estate is supported by a valid consideration, and there is no other good reason why it should not be specifically enforced except the want of mutuality of remedy, it will be so enforced." In Jones v. Tankerville [1909] 2 Ch. 440, Parker, J., did not regard lack of mutuality as fatal to the plaintiff's right. See also Great Northern R. v. Sheyenne Tel. Co., 27 N. Dak. 256, 263, 145 N. W. 1062, 19 Law tract; who has signed a memorandum of it, may be compelled to perform it specifically, although he could not maintain a bill against the other party who had not signed such a memorandum.69

Quarterly, 341, as well as the articles of Ames referred to in the following section; and of Stone, 16 Col. L. Rev. 443.

62 See supra, {140.

63 3 Columbia L. Rev. 1; Ames, Lectures on Legal History, 370.

64 I. e., the passage from Fry on Specific Performance quoted mipra, J 1433.

65 See infra, Sec.1435.

66 Ibid.

67 Ibid.

68 See infra, Sec.1436.

" (6) A contract between an infant and an adult may be enforced against the adult after the infant comes of age, although no decree could be made against the plaintiff.70

"(7) A plaintiff who has performed his part of the contract, although he could not have been compelled in equity to do so, may enforce specific performance by the defendant.71

"(8) One who has contracted to sell land not owned by him, and .who, therefore, could not be cast in a decree, may, in many cases, by acquiring title before the time fixed for conveyance, compel the execution of the contract by the buyer." 72 These propositions may be more particularly examined.