A contract to be specifically enforced by the courts must as a general rule, be mutual. That is to say, it must be such a contract that each can enforce the same against the other. If by reason of the nature of the contract, the incapacity of the parties or for any other cause, the contract is incapable of being enforced against one party, that party is incapable of enforcing the same against the other. This doctrine has obtained a firm place in equity and has been followed by a number of Michigan decisions.76

As stated in a late Michigan case the exceptions to the doc

73. Pomeroy Eq. Jur., 2nd Ed. Sec. 2205.

74. Goddard v. Jeffreys, 51 L. J. Ch. 57.

75. Jones v. Berkey, 181 Mich 472.

76. Blanchard v. Railroad Co., 31 Mich. 43; Buck v. Smith, 29 Mich. 166.

Holding remedies were not mutual. Heth v. Smith, 175 Mich. 328.

A contract to convey which Is not mutual and has not been accepted will not be specifically performed. Hollingshead v. Morris, 172 Mich. 126; Green v. Railroad, 158 Mich. 436; Pomeroy's Eq. Jur., Sec. 2191.

trine have been so numerous and varied that at the present time the rule has little force.77

It should be noted that the test of mutuality is the rights and obligations at the time of filing the bill and not at the date of making the contract.

We shall now consider some of the apparent exceptions to the rule which applies to land contracts.

Where A Contract Is Signed By Only One Party.

The statute of frauds requires the vendor only to sign the agreement to sell. It is therefore very clear that until acceptance by the vendee there is no mutuality of remedy, but when the vendee files a bill of complaint to require specific performance from the vendor he thereby submits to the jurisdiction of equity and the remedy thereby becomes mutual.78

Option Contracts.

The common form of unilateral contract known as the option is not an actual exception to the doctrine of mutuality for the reason that an option is nothing more than a binding offer. There is nothing to enforce against the optionee until the option has been exercised and usually this is done by payment of the purchase price.79