Henry Billings Brown

“ The remedy in equity is the better one. The right to resort to it, under the circumstances of this case, admits of no doubt, either upon principle or authority. Such, in our judgment, were the effect and consequences of the contract.'
The earlier English cases held broadly that where a vendor of land had disabled himself from carrying out a contract to sell the land to the plaintiff by a subsequent sale to another party, a court of equity would entertain a bill as for a specific performance, and award damages to the plaintiff. ”

“ Stewart was practically overruled by Lord Chancellor Eldon, who held that the plaintiff in a bill for specific performance was not entitled generally to satisfaction by way of damages for the nonperformance, to be ascertained by an issue, or reference to a master, the court saying 'that, except in very special cases, it is not the course of proceeding in equity to file a bill for specific performance of an agreement, praying, in the alternative, if it cannot be performed, an issue or an inquiry before the master with a view to damages. ”

“ Dealing with a person who stood in this relation to him, and with whom he had always been upon friendly, and even intimate, terms, the same diligence could not be expected of him as would have been if he had been treating with a stranger. ”