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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fortin v. Wilensky, 142 Me. 372 (1947)

Citation
Fortin v. Wilensky, 142 Me. 372 (1947)
Parent Document
Fortin v. Wilensky, 142 Me. 372 (1947)
Jurisdiction
Maine (state)
Effective Date
1947-05-19

Full Text

1,133 chars
If the plaintiffs had acted promptly and had signed the lease *379prepared for the defendant by Attorney Donahue, and had as promptly returned it, they probably would now have a lease of the store. They did not desire a five year lease, because they had indicated that they desired an annual one. Delay, under the circumstances here, could cause injury or prejudice to the rights of the defendant. The tenants had no right to wait for a favorable turn of events before making their election to sign, on the possible theory that if values increased they would sign and if values declined, or another rent became available, they would refuse. Under such a situation equity would be lending its assistance to the carrying out of an unjust and inequitable arrangement. A decree of specific performance can never be claimed as a matter of right. A bill in equity for this purpose is always addressed to the sound discretion of the court under the rules and principles of equity jurisdiction. Whitehouse Equity (1st Ed.), 94, Par. 83; 49 Am. Jur., 89, 92, 93, Pars. 73, 75, 76; Brown v. Boston & Maine R. R., 106 Me., 248, 255, 76 A., 692.