4 Me. 350 | Me. | 1826
delivered the opinion of the court.
The equity or chancery powers of this court are of a limited character, compared with the vast and extensive jurisdiction of the court of chancery in England ; which exercises its authority in cases of accident and mistake, of account, of fraud, of infants and their interests, of trusts, and in compelling the specific performance of agreements ; and yet, as Maddock observes, “ ac • “ cording even to this enlarged classification of the subject, it “ may not be very obvious how the great multiplicity of doctrines “ arising out of the equity jurisdiction can be included.” By our laws there are two cases where an equitable powder is given to and exercised by this court, and the court of Common Pleas-One is given in the second and third sections of the Act of 1821, ch. 50 ; and is exercised in relieving against penalties and forfeitures, and rendering judgment for so much as is due in equity and good conscience ; the other is given in the fourth section of said act ; and is exercised in the total or partial remission of the forfeited penalties of recognizances taken in criminal prosecutions, in actions of scire facias. In these two instances the proceedings are at common law. By the act of 1821, ch. 39, equity powers are given to the same courts in cases of mortgage ; and in these cases the powers are exercised for the benefit of the mortgagor by a bill in equity ; and the proceedings described in the first six sections, are essentially conformable to chancery practice. But another chancery power was given to the Supreme Judicial Court of Massachusetts on the 10th of February, 1818, which they still, retain ; and similar power was given to this court by the first section of the Act of 1821, ch. 50, in these words; — -“Be it enacted, that the justices of the Supreme Judicial Court shall have power and authority to hear and determine in equity all cas
Thus it appears that the only chancery jurisdiction given exclusively to this court, has relation to trusts arising under deeds, wills, or in the settlement of estates ; and to the specific performance of contracts in writing. This jurisdiction is tobe exercised according to the usual modes of proceeding in courts of chancery, as simplified by the ££ rules for the regulation of the practice in chancery,” established by the -Supreme Judicial Court of Massachusetts, at March term, 1818 ; and which were adopted by this court in York, at August term, 1820. As the plaintiff in his bill has not placed his claim to a specific performance on the ground that the deeds in question, and the defendant’s agreement, taken in connexion, constitute a mortgage ; and as it is of no importance whether they do or do not, provided the plaintiff has equitable ground, independent of that consideration, on which to claim such specific performance, we overrule the demurrer, and proceed to examine the cause upon its merits.
Upon the facts appearing in the bill and answer, the defendant founds two objections to the plaintiff’s claim. He urges first that, as the notes were not paid to Johnson, nor the debt due to the defendant, at the days specified in the agreement, this is a failure fatal to the bill ; and by means of it the defendant is wholly absolved from hisengagement. And secondly, that if this omission and the lapse of time have not absolved him, the circumstances of the ease shew that the plaintiff has no equity, nor any fair claim to e specific performance as prayed for in his bill.
As to the first point, the defendant’s counsel contends that where a remedy cannot be had by an action at law to recover damages for a breach of the contract, the court will not compel a specific performance. In support of this position he cites 1 Harrison's
It is true that in Gibson v. Patterson 1 Atk. 12, Lord Hardwick seems to have laid down the doctrine, that lapse of time was of no importance ; and to have decreed in favor of a vendor, without auy regard to his negligence in not procuring his title deeds, and notwithstanding a conveyance within the time limited for the purpose by the articles. But the accuracy of the report is denied ; and in Lloyd v. Collet and several other cases, the gen
With these principles in view, it is now proper to examine the facts so far as they relate to the point under consideration; and see if any sufficient reasons exist which,in a court of equity, will excuse the omission of the plaintiff to pay the debt which was due to the defendant, and both the notes which were due to Johnson, at the specified days of payment. In many of the cases above cited, the court compelled a specific performance, on the ground that the conduct of the party; having a right to object, had been such as to amount to a waber of all objections, and an acquiescence in the conduct of the other party, though it had not been in strict compliance with the terms of the contract. It appears that the deed of the pew was executed on the 19th of Sept. 1822, and the defendant’s agreement was signed at the same time The deed of the moiety of the lands was executed on the day before. By the terms of the defendant’s agreement, he was not legally bound to reconvey the land, or the pew, or to pay over to the plaintiff any money he might receive on Ira GetchelVs note, unless the .plaintiff should in all respects fulfil his agreement with the defendant. Of course, the conduct of the defendant as to any part of the property conveyed or pledged, will, as to its constructive effect, have relation to the whole.
The first inquiry is whether the plaintiff had for a considerable time delayed a compliance with his engagements. As to the debt payable to the defendant himself, it had been due six months at the time the plaintiff made the deposit in the bank for the defendant’s use, and gave him notice of it. By the answer it appears that the plaintiff never paid to Johnson, the note due on the 18th of March, 1823; but that he, the defendant, paid it, after having given the plaintiff notice. and received for reply that he was unable to pay it- It is stated in the bill, however, that the plaintiff on the 18th of September. 1823. paid to Johnson one of the before mentioned notes, which must have been the one due on that day. it further appears that the sum of $159 was deposited in the Gardiner bank on the 18th day of Sept. 1823, the very day the defend
If by any means the value of a pledge is diminished in the hands of the pawnee, that circumstance is of bo kind of importance to
As to the second objection, viz. the want of equity on the part of the plaintiff ; the defendant’s counsel, in considering it in his argument, has made two points. 1. That the case does not shew that mutuality of contract, which is essential to maintain a bill for specific performance, 2. That since the failure on the
With respect to the question of mutuality, it may be at least doubtful, whether, from the nature of the present case, the principle contended for can be applicable, because its application would be useless. The defendant could never have occasion for a power to compel a specific performance of the contract on the part of the plaintiff, for his contract was only to pay a sum of money ; and the plaintiff could never obtain a reconveyance of the property, without payment of such sum, as a preliminary measure. In this particular, the case before us differs from those cases where the object of the bill is to compel a man to complete a purchase, by receiving a conveyance, and paying the stipulated price for the estate for which he had contracted ; but without relying on this principle and view of the subject, we place our decision as to this point on another ground. The following decisions, some of them in courts of law, and some hi chancery, have been relied upon to shew that mutuality of contract in these cases is not necessary ; but that the party who has signed a contract, and who ‘ ‘ is sought to be charged by it, is es-topped by his name from saying that the contract was not duly signed within the purview of the statute of fraudsand that it is sufficient, if the agreement is signed by the party to be charged. Hatton v. Gray 2 Ch. Cas. 164. Coleman v. Upcot 5 Vin. Ab. 527. Cotton v. Lee cited in Seton v. Slade 7 Ves. 205. Fowle v. Freeman 9 Ves. 351. Wain v. Walters 5 East, 10. Saunderson v. Jackson 3 Bos. & Pul. 238. Egerton v. Matthews 6 East. 307. Allen v. Bennett 3 Taunt. 168, 175. By examining the defendant’s agreement of the 19th of Sept. 1822, in connexion with the averment of identity in the bill, which is not denied in the answer, it is evident that it relates solely to the moiety of the lands conveyed by the plaintiff on the day before ; and has reference to a conditional reconveyance of the same ; the agreement,'therefore, is sufficiently explicit in stating the names of
In many cases it has been decided that an important change, with respect to the situation of the parties, or of the property which was the subject of the contract, furnishes a substantial objection against decreeing a specific performance, after a considerable lapse of time. Such for instance, as the increased value of the estate ; or where the property agreed to be sold was consumed by fire ; or perhaps, where the owner, supposing the contract abandoned by the purchaser, had conveyed or covenanted to convey it to another person. The defendant in his answer has alleged only one circumstance in relation to the land In question, to shew such a change in the situation of himself and the property, as ought to induce the court to dismiss the bill; which is, that on the 20th of October, 1823, he purchased at auction the other moiety of the land and buildings for the sum of $121, which he alleges is more than the just value of it, to be owned in common ; and that this moiety by him so purchased would be rendered of little value to him, if he should be compelled to reconvey the other moiety to the plaintiff. It should be noticed that this purchase was made one month after the deposit
It will be perceived that the court do not mean that time is not of any importance in any equitable point of view, where a claim is made for the specific performance of a contract. Our decision is placed on the peculiar circumstances of the present case, which have been particularly stated and considered in the-foregoing opinion.