Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-12-13
CUMBERLAND COUNTY CASE.
Decision of Law Court Disrrisses
Equity Action With Costs.

A rescript drawn by Associate JUS
| tice Leslie c. Cornish of this city was
handed down BY the law court Satur-
day in the Cumberland county equity
case of Whitney VS.. Chenery, dismiss
| ing the plaintiffs appeal and affirm
| ing with costs the decision of the sit
| ting justice dismissing the original
| bill in equity The rescrpt is as fol-
| lows:
John A. Whitney, in equity VS.. Susie
A. Chenery, ct al. ReScript, Corn
ish J.
This is a bill in equity for the
specific performance of 4 written con-
tract for the conveyance of land and
comes to this court on plaintiffs ap-
peal from the decision of the sitting
justice dismissing the bill. The de-
PENDANT, Susie A. Chenery, at the
death of her former husband Richard
A. Locke, inherited from him one un-
divided ninth part of four parcels OF
land and one undivided fifteenth part
of three other parcels; her minor
daughter, also inheriting at the same
time two undivided ninths and two
undivided fifteenths respectively. The
widow was appointed guardian of the
daughter and subsequently made a
definite oral agreement with the de-
PENDANT Wilson to sell to him her own
interest and her wards for the sum of
$500, assuming at the time that, as
guardian. she could at once convey
her wards interest. On ascertaining
that this could only he done after an
appraisal and license from the
ny nhof 70 vt .I,n
steps and the interest of the ward was
sold at auction to Wilson for the sum
of $l025. The evidence shows that IL
purchasing the wards interest Wilson
relied absolutely upon the widows
agreemHt to convey to him her oW-'
and that Just prior to the bidding in
CURRY was publicly made by d thir(
party whether Mrs. Chenerys interCst
was for sale and she replied that il
was not, from which Wilson naturally
inferred that she meant she had sole
it to him. He therefore bought in the
interest of the ward
Three days before the auction, how
ever, after various preliminary inter-
views, the widow had given the
plaintiff a written agreement to sell
to him her own interest in the prem
ises for the sum of five hundred dol
lars and received from him twenty
dollars towards the purchase price.
Wilson knew nothing of this agree
ment until after the auction, when he
asked Mrs. Chenery for deed of her
interest in accordance with her agree
ment and she said she was unable to
give one as she had agreed to sell to
fhn 1ni ole l,Y,f
the time this written agreement was
made, it was understood between Mrs.
Chenery and the plaintiff that they
should not speak of the fact to Will
son until after the auction, the reason
apparently being that Wilson would
not be likely to purchase at the auc-
ton the wards interest if he knew
that he could not also secure the
widows. A few days after the auc-
ton. another conference between Mrs.
Chenery and Wilson was held at an
attorneys office in Portland and after
Wilson had given her an indemnify
ing agreement. she conveyed to him
her own fractional interest. This
bill in equity followed.
Upon a careful consideration of the
evidence in this case. which is volumi-
nous and which it is unnecessary to
recite at greater length. it is the
opinion of the court that the appeal
should not be sustained
The plaintiff has not made out such
a case as merits the exercise of the
strong arms of the equity court in
granting specific performance His
contention is that if the oral agree
ment hetwnnn Wilson and Mrs. Chen
cry was void because she had no power
10 then convey her ward interest,
Wilson was given no equitable interest
in the property. and therefore Whit
ney's knowledge of the agreement
would not affect his right to have his
subsequent written agreement speci-
fically performed. We cannot assent
to the conclusion. The plaintiff can
not insist upon decree as a mattarI
OF right. 9oaHish app!ieatith IS oihi-.
dressed to the soHnd" diScfttfona III THE the
court in the Hight or AN the eirccunn-t 4
stances. In exercising that discretion,
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