346 HIGH COURT OF CHANCERY

It is not enough, that the act relied on, is evidence of some agreement; but, it

must be unequivocal and satisfactory evidence of the contract, charged in

the bill.
The remedy, in cases of specific performance, must be mutual; and, if one of

the parties is not bound, or is not able to perform his part of the contract, he

cannot call upon the court to compel a performance by the opposite party.

[The object of this bill, which was filed by Harriet A. Beard,
administratrix of John Beard, deceased, was the specific per-
formance of a contract for the sale of land, alleged to have been
entered into between the deceased husband of the complainant,
and John H. Linthicum; and also a writ of ne exeat against the
said Linthicum.

The bill stated that Beard, in his lifetime, had bought a
parcel of land from George H. Stewart, for the sum of three
thousand dollars, which he afterwards agreee to sell to Linthi-
cum for the same price, increased by the interest which had ac-
crued on the purchase money due to Stewart; and that Linthi-
cum had agreed to give to Beard a bill of sale of certain negroes,
to secure said payment. The bill further stated, that Linthicum
took possession of the land in pursuance of the agreement, but
that he had not paid any portion of the purchase money, or ex-
ecuted the bill of sale; but that he had actually sold one of the
negroes, and applied the proceeds of the sale to other purposes,
(although upon Beard's remonstrating with him, he had promis-
ed to apply it to said payment;) and that he was threatening to
leave the state and carry the negroes with him.

Prayer for the specific performance of the agreement, an in-
junction to restrain Linthicum from selling the negroes, or re-
moving them out of the state, and a writ of ne exeat regno, to
prevent him from leaving the state.

Linthicum, in his answer, denied the making of the contract
stated in the bill, and pleaded the statute of frauds thereto; and
further stated that he did agree to give $1800 for the land, if
Beard would procure the consent of Stewart to the sale, and
have certain disputes relative to the boundaries of the land,
settled; that Beard, at the time said conditional agreement was
made, proposed to him to take possession of the land at once,