Marshall v. Hilton

CURTIS, J.

This appeal is from a decree of specific performance of an agreement for the purchase and sale of real property. As grounds for reversal of the decree or judgment the defendant and appellant contends:

(1) That it does not appear that the contract as to the defendant was just and reasonable, or that the consideration for said contract is adequate.

(2) That it does not appear that the plaintiffs are ready and willing to perform their part of the contract.

First: In support of appellant’s first contention, she has cited numerous authorities to the effect that “it is a well-established rule in courts of equity that in a suit for specific performance it must be affirmatively shown that the contract is fair and just and that it would not be inequi

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table to enforce it. The court will not lend its aid to enforce a contract which is in any respect unfair or savors of oppression, but in such cases will leave a party to his remedy at law. It is incumbent on the plaintiff, therefore, to state such facts as will enable the court to decide whether the contract is of such a character that it would be inequitable to enforce it.” With this statement of the law as a premise the appellant proceeds to an attack on the complaint and attempts to show that it lacks the essential averments of a complaint in specific performance. We think there is no merit in her contention. In the complaint it is alleged that the consideration “for the making of and the entering into of said agreement was and is that set forth therein, to-wit: the sum and sale price of three thousand dollars, to be paid to defendant by plaintiffs as in said agreement set forth. That the approximate value and the approximate reasonable value of said premises at all times herein mentioned was and is the sum of three thousand dollars; that said contract and agreement was fairly entered into and was and is in all respects just and reasonable.” This allegation of the complaint was denied by the answer, the appellant further alleging that the premises involved herein were of the value of $4,000. Upon the issue thus made the court found in favor of the plaintiffs. There is no contention that the finding of the court in this regard is not supported by the evidence. Under these facts, we reiterate our statement that this contention of the appellant is without merit.