 | Great Britain. Court of Chancery - 1818 - 504 pages
...affairs." Lord Eldon, also, the greatest Judge in this country, says, in Coles v. Trecothick (a), " Unless the Inadequacy of Price is such as shocks the...it is not itself a sufficient ground for refusing a specific performance." In Under hill v. Norwood (b), he reiterates the same doctrine. i8i7COPIS and... | |
 | Edward Burtenshaw Sugden - 1818 - 862 pages
...Lord Eldon appears to have been of opinion, that no such distinction exists. His Lordship said, that unless the inadequacy of price is such as shocks the...decisive evidence of fraud in the transaction, it is not a .sufficient ground for refusing a specific performance. IV. In treating of inadequacy of price, we... | |
 | Great Britain. Court of Chancery - 1818 - 540 pages
...affairs." Lord Eldon, also, the greatest Judge in this country, says, in Coles v. Trecothick (a), " Unless the Inadequacy of Price is such as shocks the conscience, and amounu in itself to conclusive and decisive evidence of Fraud in the transaction, it is not itself... | |
 | Henry Maddock - 1820 - 788 pages
...transaction (c)." A bargain may be hard and unconscionable, and yet valid, " unless " as Lord Eldon says, " the inadequacy of Price is such as shocks the conscience"...to conclusive and decisive evidence of Fraud in the trans(z) Attorney-General v. Ver- 2 Bro. 180, in n. SC 1 Cox, -non, i Vcru. 277, 370. SC 383, by the... | |
 | Great Britain. Court of Chancery - 1827 - 656 pages
...from any peculiar motive, beyond what any other man would give, the reasonable price. But, farther, unless the inadequacy of price is such as shocks the...it is not itself a sufficient ground for refusing a specific performance ( 96 ). How upon these circumstances is there such inadequacy of price as to cut... | |
 | Henry Maddock - 1827 - 516 pages
...be hard and unconscionable, and yet valid, " unless/' as Lord Eldon says " the inadequacy of pri<;e is such as shocks the conscience," and amounts in itself to conclusive and *268] decisive evidence of fraud in the 'transaction (d). The inequality must be so gross that a man... | |
 | New Jersey. Court of Chancery - 1878 - 738 pages
...1G2. As was said by Lord Eldon, in While v. Damon, 1 Ves. 34, 35, and in Coles v. Treeothick, 9 Ves. 234, 236 : " Specific performance is matter of discretion...performance." Or, as was said by Chief Justice Marshall, in Garnett v. Macon, 2 Brock. 185, 246: "It is settled that mere inadequacy of price is not a sufficient... | |
 | Ohio. Supreme Court - 1832 - 976 pages
...Eldon declared, that unless the inadequacy of price was such as to shock the conscience, and amount in itself to conclusive, and decisive evidence of fraud in the transaction, it was not itself a sufficient ground for refusing a specific performance. In Burrows v. Lock, the master... | |
 | Solomon Atkinson - 1838 - 356 pages
...not, the union of the tenant for life and remainder-man rendering it, in fact the sale of an es(/) " Unless the inadequacy of price is such as shocks the...it is not itself a sufficient ground for refusing a specific performance," per Lord Eldon in Coles v. Trecothick, 9 Ves. 246. And Sir William Grant expresses... | |
 | William Burge - 1838 - 910 pages
...said, that there is no distinction between contracts in fieri and contracts actually executed, and that unless the inadequacy of price is such, as shocks...decisive evidence of fraud in the transaction, it is not a sufficient ground for refusing a specific performance. (b) The law of Scotland does not set aside... | |
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But, farther, unless the inadequacy of price is such as shocks the conscience, and amounts in itself to conclusive and decisive evidence of fraud in the transaction, it is not itself a sufficient ground for refusing a specific performance... 
