Neither party to an obligation can be compelled specifically •to perform it, unless the other party thereto has performed, or is compellable specifically to perform, everything to which the former is entitled under the same obligation, either completely... The Northwestern Reporter - Σελίδα 171914Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
| New York (State). Commissioners of the Code, New York (State). - 1865 - 896 σελίδες
...425 ; Withy v. Cottle, 1 Sim. & S., 174; Turn. & Rues., 78; see Crary c. Smith, 2 K T., 80. § 1889. Neither party to an obligation can be compelled specifically to perform it, unless the othet party thereto has performed, or is cornpellable speci fically to perform, everything to which... | |
| California, California. Commission to Revise the Laws of California - 1871 - 894 σελίδες
...vs. Smith, 2 NY, 60. NO remedy SEC. 3386. Neither party to an obligation can be cornmutual. polled specifically to perform it, unless the other party thereto has performed, or is compellablc specifically to perform, everything to which the former is entitled under the same obligation,... | |
| California - 1874 - 870 σελίδες
...commutuai. polled specifically to perform it, unless the other party thereto has performed, or is compilable specifically to perform, everything, to which the...under the same obligation, either completely or nearly BO, together with full compensation for any want of entire performance. NOTE.—NO specific performance... | |
| California - 1876 - 622 σελίδες
...compelled. [In effect July 1,1874.] § 3385 of said Code is repealed. [In effect July 1, 1874.] thing to which the former is entitled under the same obligation,...full compensation for any want of entire performance. § 3387. It is to be presumed that the breach of an agreement to transfer real property cannot be adequately... | |
| California - 1876 - 626 σελίδες
...repealed. [In effect July 1, 1874.] thing to which the former is entitled under the same obliga tion, either completely or nearly so, together with full compensation for any want of entire performance. § 3387. It is to be presumed that the breach of an agreement to transfer real property eannot be adequately... | |
| 1919 - 1020 σελίδες
...executory. But a contract of this character at no period of Its existence Is specifically enforceable. Neither party to an obligation can be compelled specifically to perform It, unless the other party has performed, or Is liable to specifically perform, everything that he has thereby undertaken (Los... | |
| New York (State). - 1885 - 422 σελίδες
...last section, the other party is also entitled to it, though not within those provisions. § 2980. Neither party to an obligation can be compelled specifically...to perform it, unless the other party thereto has mutual performed, or is compellable specifically to perform, every thing to which the former is entitled... | |
| Morris March Estee - 1898 - 1096 σελίδες
...been concluded, especially if the party has done nothing under it.28 § 2854. Contract must be mutual. Neither party to an obligation can be compelled specifically...together with full compensation for any want of entire performance.2* A contract to be obligatory on either party must be mutual and reciprocal.24 Performance... | |
| California - 1903 - 1240 σελίδες
...(Repealed.) En. March 21, 1872: Rep. 1873-4, 267. Cal.Rep.Cit. 110, 642. § 3386. No remedy unless mutual. Neither party to an obligation can be compelled specifically...completely or nearly so, together with full compensation lor any want of entire performance. En. March 21, 1872. Cal.Rep.Cit. 91, 90; 110, 642. Performance... | |
| 1905 - 1160 σελίδες
...that a party to an obligation cannot be compelled specifically to perform it unless the other party has performed, or is compellable specifically to perform everything to which the former is entitled under tiie same obligation, specific perfoi-manoe will not be granted of an agreement of locators of oil... | |
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