clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 16   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

16 HIGH COURT OF CHANCERY.

formance, except where both parties had a right by the agree-
ment to compel a specific performance, according to the ad-
vantage which they might be supposed to have derived from it."

The Court of Appeals, in the case referred to, of Geiger et
al vs. Green, say, that "it is established that unless there is to
be found in the contract, the essential ingredient of mutuality,
a court of equity will not compel its specific execution." And
in that case the bill was dismissed, because of the absence of
that indispensable ingredient.

The contract upon which the bill in this case is filed, and
the specific performance of which it seeks to enforce, contem-
plated not only the exploration, but the working of the mines
of copper and other minerals on the farm of the defendant.
It recites the desire of the defendant to have them explored
and worked, and the willingness of the said Thomas Petherick
to undertake such explorations and working, and then in con-
sideration of one dollar paid to the defendant by Petherick, the
former agreed to give to the latter, his heirs and assigns, "full
power to make explorations and works on the said farm, as he,
the said Petherick, might think proper for such purpose," &c.,
and after a reservation to the defendant of a seignorage of one
full fifteenth part of the minerals, Petherick for himself, his heirs
and assigns, stipulated that he would on or before the tenth day
of July then next, "commence proper operations for ascertain-
ing, by explorations, the mineral prospects on the said farm."

Although therefore it was the manifest design and object of
the said defendant, to have the minerals upon his farm worked,
as well as explored, and although for a small pecuniary con-
sideration he gave Petherick full power to make such explora-
tions and works, the only stipulation on the part of Petherick
is, by a certain period "to commence operations for ascertain-
ing, by explorations, the mineral .prospects on the said farm."
The engagement, therefore, on the part of Petherick was limit-
ed to the explorations, and he was not bound, according to any
interpretation of the contract, to work the mines. Whilst there-
fore the contract gives to him the power to work the mines, as
he might think proper, the only corresponding obligation on his



 
clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 16   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives