Litz v. Goosling

• Citation: 19 S.W. 527,93 Ky. 185
• Parties: Litz et al. v. Goosling et ux.
• Decision Date: 07 May 1892
• Court: Court of Appeals of Kentucky

19 S.W. 527

93 Ky. 185

Litz et al. v. Goosling et ux.

Court of Appeals of Kentucky.

May 7, 1892

Appeal from circuit court, Pike county.

"To be officially reported."

Action by S. T. Litz and another against Hammon Goosling and wife for specific performance of a contract of sale and conveyance of land and minerals. Judgment for defendants. Plaintiffs appeal. Affirmed.

HOLT C.J.

The writing signed by the appellees, Goosling and wife, recites that they "agree, in consideration of one dollar, to sell and convey unto E. H. Sudduth, *** with general warranty of title, *** all the coal in, upon, and underlying a certain tract or parcel of land, situated in the county of Pike and said state, containing, by estimation, about one thousand acres, ***" The conditions of the above covenant are the following: "That the party of the second part be allowed twelve months from the date hereof to dig upon and explore said land for metals and minerals, and, in addition thereto until the expiration of sixty days after notification by the party of the first part of his desire to terminate this contract, to complete this bargain, by paying for the said coal right one dollar per acre, or making such other arrangements as may be satisfactory to the party of the first part; that until such payment or arrangements are made the party of the first part shall continue in possession of said land and coal; and that in case payment or other satisfactory arrangement to complete this bargain, as aforesaid, shall not be made in the time above specified, and until the expiration of sixty days after notice, as aforesaid, then all obligations, express or implied, under this agreement, shall cease, and neither party shall have any claim, either in law or equity, on the other, by virtue of this agreement."

This action by the appellants, Litz and Jamison, who are assignees of Sudduth, is to compel a specific performance by Goosling and wife. Such an action lies when the legal remedy is inadequate, and resort to it is necessary to furnish a more exact measure of justice. Reciprocity of obligation is however, essential to the validity of a contract; and it is a general rule that, in order to be binding upon or enforceable by one party, it must be so as to both. This is the very essence of it. The act to be done upon the one hand need not necessarily be simultaneous with the consideration paid or to be paid upon the other, but it is...