594 INDEX.

SPECIFIC PERFORMANCE—Continued.

mines, but the only engagement on the part of P. being limited to ex-
plorations, the contract was held deficient in reciprocity of obligation
and its specific execution refused. K.

5. Upon a bill for the specific performance of a contract, the court must
entertain no reasonable doubt of the existence of the contract, and be
«atisfied that it is one, which, looking to what is just and reasonable,
ought to be enforced. Waters vs. Howard, 112.

6. The specific performance of contracts in equity, is not a matter of ab-
solute right in the party, but of sound discretion in the court; and un-
less the court is satisfied that the application is fair, just and reasonable
. in every respect, it will rofuao to interfere, but leave the parly to his
remedy at law for compensation in damages. Ib.

1. In contracts relating to personal property, unless it can be shown that
adequate compensation cannot be given by an action at law, chancery
will not interfere. Ib.

8. The defendant's testator entered into a contract with the complainants,
by which they were to become his agents for the sale of his crops, ad-
vance him money and accept his drafts, for the payment of which he
pledged his crops on hand and the growing crops of the year 1847.
Upon the faith of this agreement, complainants made large-advances
to testator, and at the time of his death, which occurred in January,
1848, he was largely indebted to them. Upon a bill, by complainants,
claiming a lien on the corn and tobacco in hand, and on the efop of
wheat sown in the fall of 1847, and to enforce the specific perfbrmance
•of this contract, it was HELH—

That this was a positive agreement on the part of- the testator, to
send to complainants, to cover their advances to him, his crops of
wheat, tobacco and corn which would be marketable in the year
1847, and also the wheat and crop seeded in that year, and that
this court would enforce its specific execution. Sullivan vs. Tuck,
ex'rofBmcu, 59.

9. Courts of equity do not enforce the specific performance of contracts
relating to personal property, with the same facility and universality
as those relating to real estate; because in the former case, courts of
law usually afford a complete remedy. Ib.

10. But whenever a violation of the contract cannot be correctly estimated
in damages, or wherever from the nature of the contract, a specific
performance is indispensable to justice, a court of equity Will not be
deterred from interfering because persona) property is the subject of
the agreement. Ib.

11. There can be no doubt that if a party has succeeded in proving a con-
tract, and in showing that it has been in part performed, he is entitled
to have it specifically executed. Oicings vs. JBoMioiit Sf Wheeler, 120.

18. The remedy in cases of specific performance must be mutual, and if
one of the parties ft not bound, or ig not able to perform his part of
the cofttract, he cfttmot call upon One court to compel a performance
ky <he opposite party. Bwei W. UMWwwm,, 345.