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Greenleaf v. Cook

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eBook details

  • Title: Greenleaf v. Cook
  • Author : United States Supreme Court
  • Release Date : January 08, 1817
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

Mr. Law, contra, contended, that if this were a case of an express agreement to take any or no title, the doctrine cited from Sugden would apply; but that here the vendor promised to give the vendee a clear and unincumbered title. A court of chancery will never decree a specific performance without a perfect title at law and in equity; and the defence on account of defect of title is as available in the one forum as the other.2 b Mr. Ch. J. MARSHALL delivered the opinion of the court, and after stating the facts, proceeded as follows: On the first exception it has been argued, that there is a failure of consideration, which constitutes a good defence in this action.


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