Ohio Law Reporter Volume 1

Ohio Law Reporter Volume 1

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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. 1904 edition. Excerpt: ...urges, W5 no dou=bt was urged in the lower courts, that the subject matter of the controversy is not such as to justify the court in making a decree of that character. It may be that the lower courts held against the plaintiff on his petition, because a decree of specific performance 'would not close the controversy; that to compel the defendant to drill and test the territory would imply the retention of the case for supplemental orders and other proceedings which might become necessary in administering that form of relief. That view may be correct, and this court does not differ from the lower court on that point. But that view is no reason for sending the plaintiff out of court empty handed. The question on the demurrer was not, necessarily, whether or not the plaintiff states a case which warrants or requires the court to decree specific performance of the terms of the lease, as asked in the first branch of the prayer; but is a cause of action stated which entitles him to relief in any form within the jurisdiction of the court, and consistent with the facts alleged? It is a familiar rule, for which we have numerous precedents, that the ordering of specific performance is in some measure within the sound discretion of the court where it is asked, and there are many cases which disclose circumstances of inequality, hardship, or other considerations which lead to a refusal of the specific relief, and yet adequate justice is done in some other form in the same case, in order to avoid other actions and settle the rights of the parties. In some instances courts of equity, owing to the peculiar facts of the case on trial, have decreed performance in part and made compensation as to the remainder, and in others have refused the specific...
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Product details

  • Paperback | 414 pages
  • 189 x 246 x 22mm | 735g
  • United States
  • English
  • black & white illustrations
  • 123678684X
  • 9781236786845