 | New York (State). Commissioners of the Code, New York (State). - Civil law - 1865 - 896 pages
...thus enforced, though a ™'^*r£ penalty1 is imposed, or the damages are liquidated2 r°™an<:e. for its breach, and the party in default is willing to pay the same. 1 Story Eq. Jw., §§ 715, 751 ; Logan v. Wienholt, 1 Cl. & F., 611 ; 7 Bligh [!?. S.], 1, 49 ; Dewey... | |
 | California, California. Commission to Revise the Laws of California - California - 1871 - 894 pages
...vs. Anderson, 2 Ball A B., 370 ; Western vs. Kussell, 3 Ves. A B., 192. NYCC, Sec. 1891. SEC. 3389. A contract otherwise proper to be specifically enforced,...and the party in default is willing to pay the same. Hull vs. Sturdirant, 46 Me., 34 ; Hooker vs. Pynchon, 8 Gray, 550 ; see Coles vs. Sims, 5 Do (}., M.... | |
 | California - Civil law - 1876 - 626 pages
...is otherwise proper for enforcing specific performance. § 3389. A contract otherwise proper to he specifically enforced may be thus enforced, though...and the party in default is willing to pay the same. § 3390. The following obligations cannot be specifieally enforced: 2. An obligation to employ another... | |
 | California - Civil law - 1876 - 612 pages
...specific performance. § 3389. A contract otherwise proper to be specifically enforced may be thns enforced, though a penalty is imposed, or the damages are liquidated for its breach, and the party in lefault is willing to pay the same. § 3390. The following obligations cannot be specifically enforced... | |
 | India, D. E. Cranenburgh - Civil procedure - 1883 - 1108 pages
...enforced, though a sum be named in it not( » J>|f to' specific per- as the amount to be paid in case of its breach, and the party in default is Willing to pay the same. , j Illustration. A i-mif r.ii'i -. to grant B an underlease of property held by1 A under C, and that... | |
 | Law reports, digests, etc - 1902 - 1166 pages
...proper to be specifically enforced may be so enforced, thousrh a penalty is imposed, or the damagee are liquidated for its breach, and the party in default is willing to pay the same. The vendor of land contractée! to convey the same and certain shares of stock in consideration of... | |
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A contract otherwise proper to be specifically enforced, may be thus enforced, though a penalty is imposed, or the damages are liquidated for its breach, and the party in default is willing to pay the same. 
