Wednesday, December 25, 2013

Woollums v. Horsley case brief

Woollums v. Horsley case brief summary
20 S.W 781 (Ky. App. 1892)

CASE SYNOPSIS
Appellee purchaser brought an action for specific performance of a contract for the sale of oil, gas, and mineral rights. Appellant seller contended that the contract was procured through undue advantage. The Bell Court of Common Pleas (Kentucky) found in favor of the purchaser and ordered specific performance of the contract. The seller appealed.

DISCUSSION

  • The court found that the seller was an elderly, disabled, uneducated man who knew little of what was going on in the business world. 
  • The court found that the purchaser, on the other hand, was a man of large and varied experience who was familiar with all that was then going on in the way of business and development in the area. 
  • The court concluded that specific performance of the contract was inappropriate because the bargain was unconscionable. 
  • The court held that the contract should not be carried into specific performance unless it was just and fair in all respects. 
  • The court concluded that the contract was not equitable, reasonable, or grounded upon sufficient consideration.
CONCLUSION
The court reversed the trial court's order, which found in favor of the purchaser and ordered specific performance of the contract.

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