OF CONTRACTS TO REFER TO ARBITRATION. Court will not enforce them affirmatively.. Contract to buy at price to be fixed..... D NOTE. The following editions are referred to: Austin's Lectures on Jurisprudence, 3d edition. Seton's Decrees (cited as "Seton "), 4th edition. Story's Conflict of Laws, 2d edition. Sugden's Vendors and Purchasers (cited as "St. Leon. Vend."), 13th edition. Mitford's Treatise of Pleadings is cited thus: Redesdale, Plead." The volumes of the Law Journal Reports cited are those of the New Series. The Rules of the Supreme Court are cited thus: Ord. I, r. 1. THE SPECIFIC PERFORMANCE OF CONTRACTS. PART I. OF THE JURISDICTION. CHAPTER I. OF THE ORIGIN AND GENERAL CHARACTER OF THE § 1. "A CONTRACT," says the author of The Mirror, "is a speech betwixt parties that a thing which is not done be done." (a) "A contract," says Sir William Blackstone with greater exactitude, is "an agreement upon sufficient consideration to do or not to do a particular thing."(b) "In order to constitute an agreement or contract," said Kindersley, V. C., "two things are requisite-firstly, the will; and secondly, some act, whether in word or deed, whereby that will is communicated to the other party.' No man has entered into an agreement or contract to do, or not to do, some particular thing unless he has willed that the thing should be done or forborne, and also has communicated that will to the other party by some act engaging to carry it into effect; when both parties will the same thing, and each communicates his will to the other, with a mutual engagement to carry it into effect, then (and not till then) an agreement or contract between the two is constituted." (c) (a) Ch. 2, § 27. (b) 2 Bla. Com., 442. For other definitions see Holland's Jurisprudence, 173; Pollock on Contracts, ch. 1; and per Stephen, J., in Alderson v. Maddison, 5 Ex. D., 297. (c) Haynes v. Haynes, 1 Dr. & Sm., 433. 1 Definition, as applied to contrats.] "The actual accomplishment of a contract by the party bound to fulfi i it." Bouv. L. Dic. "Performance of contract in the precise terms agreed upon; strict performance." Bouv. L. Dic., under "Specific performance." |