United States Courts of Appeals Reports; Cases Adjudged in the United States Circuit Court of Appeals Volume 8 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...and were designed to afford complete relief when the remedy at common law by way of damages was inadequate, the purpose of the court being to do equal and full justice in the exact accomplishment of the intention and object of the parties as disclosed by the well understood terms of their agreement. These rules and principles of equity jurisprudence have been developed, defined and established by a long line of precedents which are recognized and regarded as authorities. As these numerous decisions have been made upon the facts and circumstances of each case, some seeming diversities and conflicts have arisen which cannot be reconciled without a careful consideration of the shades of difference which were caused by the peculiar facts and circumstances involved. All decisions, however, concur in the general rule that a court of equity will not Opinion of the Court. exercise this extraordinary jurisdiction dependent on judicial discretion, unless the plaintiff has dealt fairly, in good faith, and with honesty, where he is so expected to act by the other party, and the contract is such as from its express terms can be clearly understood, and where the defendant can without grievous hardship perform his engagements, and ought in common honesty to do so. A plaintiff may have acted in good faith and still not be entitled to the specific enforcement of a contract if the defendant placed an erroneous construction upon the propositions of negotiation and by doing so committed an honest mistake which a fair and reasonable man, under the circumstances, might have made without inexcusable ignorance or negligence. When the terms of a, contract are reduced to writing and are expressed in plain, simple and intelligible language, that in its ordinary...