Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-20

Us. Special Court of
Joseph Billgerry, Equity at Jack
son.
Opinion of the Court by Justice
Elicit.
CONCLUDED.
The general principles that regulate the
discretion of a court of equity, when the
specific performance of a contract is claim
ed, are plain and simple. Ordinarily, in the
case, the Court will not interfere to de-
cree a specific delivery, because by suit at
law, full compensation may be obtained in
damages, although the thing itself cannot be
specifically obtained and where such a
remedy at law is perfectly adequate and eff
fectual to redress the injury, there is no rea-
son why courts of equity should afford any
aid to the party. The rule is illustrated by
stating the exceptions to it, and these al
ways depend upon peculiar circumstances,
as where the thing is of peculiar value and
Importance, and the loss of it cannot be COM
pensated in damages or where some other
ingredient of equity jurisdiction is mixed
up in the transaction. Various cases are put
in the books, in which this jurisdiction has
been exercised, from the cases of the. Pussy
horn and the Duke of Somerset's alter piece
down to that of the maidstone, with the ro-
mantle legend recorded by Judge Clayton in
Murphy VS.. Clark; but all of them turned
liar circumstances, to take them out of the
admitted general rule. In regard to con-
tracts respecting personal estate, it is gener-
ally true that no particular value or pecu-
liar value is attached to any one thing over
another of the same kind; and that a COM.
pensation in damages meets the full merits.
as well as the full objects, of the contracts,
If man contracts for the purchase of a
hundred bales of cotton, or boxes of sugar,
or bags of coffee, of particular description
or quality, If the contract is not specifically
performed, he may generally, with a sum
equal to the market price, purchase other
goods Of like description and quality; and
thus completely obtain his object, and in
demnify himself against loss. Story Eq.,
sec. 70e, 7O9, 40 and 746; Persons on Con,
364; Wizards Eq Ju., 269, 271; l Leading
cases in Equity, 500 to 534 Notes to the
cases Cudder VS.. Rutter, Pussy vs. Pusey,
and Duke of Somerset VS.. Cookson
1t is altogether immaterial whether there
was a sale of certain specific bales of cotton,
or an agreement to sell and deliver a certain
number of bales, without any designation
of the specific bales, or of the particular 3ot
out of which they are to come All such
cases depend upon the same general princi-
pie. The rule is not to entertain jurisdic-
ton in equity for specific performance of
agreements respecting goods, chattels stock
chooses in action, and other things of per-
sOnal nature, unless under the particular cir
cumstances of the case, there can be no ade-
quate compensation in damages at law;
Story Eq. Ju s. III, III, and 7lS. Difficulty
sometimes occur in the application of the rule,
whether the circumstances of a particular
case will exempt it from its operation.-
And equity writers and judges are often dis
posed to enlarge their Jurisdiction beyond
its proper limits. But there can be no diff
entity in the case like the present, if the
general principles be admitted. In this
State it seems to be fully established The
right to go into chaneery to obtain the spe-
cific delivery of slaves, was expressly put
upon the pretiam GfectiOnis, and the peculiar
nature and character of the property, and
since that right was established this Court
has clearly recognized the rule that q court
of equity cannot take Jurisdiction in cases
of personal property, where there is an ade-
quate remedy at law. (Hay VS.. Hansbor-
ough. Freeman eh. r. s., 43. Murphy VS..
Clark, s. & NJ. 235. Butler VS.. Hicks, IL S.
g. NJ, &c. Eehols va. Hapomaund, 80 Miss,
III. Brown VS.. Bank of Miss, 81 Miss, asa.
Brown.ys. Scoldsby. "a Miss, 437 )fssz 81 -
But it is argued that if the appellee is not
entitled to decree for specific performance,
he is entitled to decree for the value of the
property; and this is claimed first under the
general principles of equity Jurisprudence,
and secondly Independently of such princi-
PIES p5 IOHCc VI INC dAlcuubu OVERWHELMINGLY
order Of the Provisional Governor.
We do not think pretension can be sup
ported upon either ground, Courts Of equi-
ty do not entertain Jurisdiction to give re-
dress by way of compensation or damages
for breaches of contracts, or other wrongs,
where these are the sole objects of the bill.
Such a relief is only decreed where it is in
cidental to the relief sought by the bill, and
granted by the Court; or where there is no
L. -lsrwsa
culiar equity intervenes Wherever CON-
pensation or damages are incidental to other
relief, as for instance where a specific per-
Torrance is decreed upon the application of
either party, with an allowance to be made
for any deficiency as to the quantity, quail
ity, or description of the property, or for
any delay in performing the contract, there
itseeins clear that the Jurisdiction properly
attaches in equity; for IL flows and IL insep-
arabic from the proper relief But where .
specific performances is denied such compen-
sation or damages do not seem to be allowed,