Carr v. Duval
39 U.S. 77 (1840)

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U.S. Supreme Court

Carr v. Duval, 39 U.S. 14 Pet. 77 77 (1840)

Carr v. Duval

39 U.S. (14 Pet.) 77

Syllabus

A decree for a specific performance of a contract to sell lands refused because a definite and certain contract was not made and because the party who claimed the performance had failed to make it definite and certain on his part by neglecting to communicate by the return of the mail conveying to him the proposition of the vendor his acceptance of the terms offered.

The case of Eliason v. Henshaw, 4 Wheat. 225, cited and the principles of the decision reaffirmed.

If it be doubtful whether an agreement has been concluded, or is a mere negotiation, chancery will not decree a specific performance.

The case is fully stated in the opinion of the court.

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