A Practical Treatise on the Law Relating to the Specific Performance of Contracts (Classic Reprint)

Excerpt from A Practical Treatise on the Law Relating to the Specific Performance of Contracts

The Common Law of England does not accord in this respect with the rules of natural justice. The party in whose favour an executory agreement is made, is entitled by the Common Law to damages only, in the event of its being unperformed (a).

Thus if a man covenant to settle his lands upon his marriage, or to convey them for a valuable con sidera tion; the covenantee, at common law, can only recover damages for the breach of such covenant, and has no remedy there, to enforce the settlement or conveyance of the lands themselves.

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