The remedy of specific performance being a remedy of grace and not of strict legal right, is frequently denied, where the evidence for the defendant is not such as would warrant a rescission of the contract. In other words the defendant to defeat the action is not required to show such fraud, mistake, or other facts in defense as would warrant the rescission of the contract. It will be sufficient as a defense if he shows the bargain oppressive, inequitable or unconscionable.40

Sec. 104. Specific Performance By Vendor Against Vendee

Specific performance will be granted to a vendor of land as freely as in favor of a vendee, though the relief sought is only a recovery of the purchase price. This form of relief is granted to the vendor upon the theory that where an equitable right has been recognized in the vendee, such as specific performance, a corresponding remedial right should be admitted in favor of the vendor.41

This principle has been recognized in Michigan and the relief of specific performance granted against the vendees where they have taken possession of the real estate even though the land was situated outside of the state,42 and in another case where the vendee had made a partial payment on the real estate and had taken possession and made certain changes in the premises, the court granted the vendor specific performance.43

212 (51 N. W. 934), specific performance, subject to the dower rights, was given, where the wife was not a party to the contract; the decree providing for compensation to complainant for present value of such contingent right of dower.

39. Pomeroy Eq. Jur., 2 Ed. 2257.

40. Rust v. Conrad, 47 Mich. 449-454 (1 N. W. 265, 41 Am. Rep. 720); Chicago, Etc., R. Co. v. Lane, 150 Mich. 162 (113 N. W. 22).

41. Pomeroy's Equity Jurisprudence, 2nd Ed. Sec. 2169.

42. Hicks v. Turck, et al., 72 Mich. 311.

43. The contract in this case was: