Boone v. Missouri Iron Company - 58 U.S. 340 (1854)
U.S. Supreme Court
Boone v. Missouri Iron Company, 58 U.S. 17 How. 340 340 (1854)
Boone v. Missouri Iron Company
58 U.S. (17 How.) 340
Where a bill was filed for the specific execution of a contract, and it appeared that the notes given for the purchase of the property had never been paid, and the property was sold for the payment of the consideration money, the bill was proper dismissed.
No principle in equity is better settled than that he who asks a specific execution of his contract must show a performance on his part or that he has offered to perform. Neither of these was done in this case.
The bill was filed by Thomas, in his lifetime, and referred to a complicated history of transactions running from 1836 to 1848 the date of the bill. A condensed narrative of these transactions is given in the opinion of the Court.
The circuit court dismissed the bill, and the complainants appealed to this Court.