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" A contract to be specifically enforced by the court must, as a general rule, be mutual, that is to say, such that it might, at the time it was entered into, have been enforced by either of the parties against the other of them. "
Columbia Law Review - Stranica 8
1903
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Reports of Cases at Law and in Equity Argued and Determined in the ..., Opseg 38

Arkansas. Supreme Court - 1842 - Broj stranica: 742
...sell his wife's lands, for the reason that the remedy is not mutual. And by mutuality I understand that the contract must be such that it might at the...enforced by either of the parties against the other. Now, if Partee had been reluctant to complete this exchange, or his wife had refused to be bound hy...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Opseg 119

Alabama. Supreme Court - 1899 - Broj stranica: 832
...Pomeroy on Contracts, §162. "A contract, to be specifically enforced, must be mutual — that is to say, such that it might at the time it was entered into,...by either of the parties against the other of them. Whenever, therefore, whether from personal incapacity, the nature of the contract, or any other cause,...
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Digest of the Decisions of the Supreme Court of Iowa: From the ..., Opseg 3

Thomas Foster Withrow, Edward Holcomb Stiles - 1879 - Broj stranica: 556
...Iowa, 525). Id. 46. A contract to be specifically enforced must be such that it might, after being entered into, have been enforced by either of the parties against the other, and if the one party be incapable of performance he cannot enforce it upon the other. (Jarman v. Davis,...
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The Federal Reporter: Cases Argued and Determined in the ..., Svesci 151-152

1907 - Broj stranica: 2170
...'that the contract to be specifically enforced must as a general rule be mutual — that is to say, such that it might at the time it was entered into...enforced by either of the parties against the other," is open to so many exceptions that it is of little value as a rule. But in view of the firm place that...
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A Treatise on the Specific Performance of Contracts

Sir Edward Fry - 1884 - Broj stranica: 868
...CONTRACT. § 44O. A contract to be specifically enforced by the court must be mutual — that is to say, such that it might, at the time it was entered into,...enforced by either of the parties against the other of them.(a)1 Whenever, therefore, whether from personal incapacity to contract, or the nature of the contract,...
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The Northeastern Reporter, Opseg 70

1904 - Broj stranica: 1172
...that it cannot. "A contract, to be specifically enforced by the court, must be mutual; that Is to say, such that it might, at the time it was entered into,...by either of the parties against the other of them. Whenever, therefore, whether from personal incapacity to contract, or the nature of the contract, or...
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The Atlantic Reporter, Opseg 58

1904 - Broj stranica: 1132
...286, It ie said a contract to be specifically enforced by the court must be mutual; that is to say, such that it might at the time it was entered into...by either of the parties against the other of them. Whenever, therefore, whether from personal incapacity, the nature of the contract, or any other cause,...
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The South Western Reporter, Opseg 278

1926 - Broj stranica: 1230
...contract to be specifically performed by the court must, as a general rule, be mutual; that is to sny, such that it might, at the time it was entered into,...by either of the parties against the other of them. When, therefore, whether from personal incapacity to contract, or the nature of the contract, or any...
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The Southern Reporter, Opseg 47

1909 - Broj stranica: 1076
...another work : 'A contract, to be specifically enforced by the court, must be mutual ; that is to say, such that It might, at the time it was entered Into,...by either of the parties against the other of them. Whenever, therefore, whether from personal incapacity, the nature of the contract, or any other cause,...
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The Southwestern Reporter, Opseg 139

1911 - Broj stranica: 1320
...'that the contract to be specifically enforced must, as a general rule, be mutual, that is to say, such that it might, at the time it was entered into,...enforced by either of the parties against the other' — is open to so many exceptions that it is of little value as a rule. But, in view of the firm place...
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