Lucius Quintus Cincinnatus Lamar

“ Apply these principles to the contract between Starr and Mrs. Brown, and what will be the result? It was not even claimed that there was any express stipulation between the parties that time should be of the essence of the contract; nor, on the other hand, that such obligation arose from the nature of the property or the awowed object of the seller.
It is asserted that there was an understanding that Starr should have no right or title to the land, or the right to any conveyance of the land, until the full purchase price should be paid. But that is a very different proposition. ”

“ Their interests may be of greater or less extent, but that constitutes a difference in degree only, and not in principle. There can be no doubt that a bill might have been filed against each of the defendants, but the question is whether they may not all be included in the same bill. The facts of the purchase, including notice, may be peculiar to each defendant; but these may be ascertained without inconvenience or expense to co-defendants. In every fact which goes to impair or establish the authority of the executors, all the defendants are alike interested. ”

“ In illustration of this, it is said, if an estate be sold in lots to different persons, the purchasers could not join in exhibiting one bill against the vendor for a specific performance. Nor could the vendor file a bill for a specific performance against all the purchasers. The contracts of purchase being distinct, in no way conected with each other, a bill for a specific execution, whether filed by the vendor or vendees, must be limited to one contract. ”