57 A. 334 | N.H. | 1904
The fact is found that it would, under the, circumstances of the case, be inequitable to decree specific performance of the contract. This finding authorizes a dismissal of the bill. 2 Sto. Eq. Jur., ss. 750, 769; Eaton v. Eaton,
It is found that the consideration of the agreement was inadequate. The plaintiff contends that mere inadequacy of consideration does not authorize the court to refuse specific performance. The exercise of the discretion of the court to grant or withhold the relief of specific performance is the determination of a question of fact. Eckstein v. Downing,
Whether the cases cited are in conflict need not now be considered, for the finding of a want of equity is made "under the circumstances of the case." The conclusion of the trial court cannot be set aside if there was any competent evidence to sustain it, except under such circumstances as would authorize setting aside the verdict of a jury as against the weight of the evidence, i.e., that the result was produced by passion, partiality, or corruption, or that the trier of fact unwittingly fell into a plain mistake. Colburn v. Groton,
In this case the evidence has been reported, and there is evidence aside from the inadequacy of price tending to show that the parties did not contract upon equal terms, and that the contract itself was the result of fraud, surprise, or mistake. Lee v. Kirby,
Exception overruled.
All concurred.