Specific performance will not be decreed of a voluntary agreement or merely gratuitous promise. If, however, possession of lands has been given under such an agreement, upon a meritorious consideration, and valuable improvements have been made upon the faith thereof, equity will decree the performance of the agreement.
(Orig. Code 1863, § 3121; Code 1868, § 3133; Code 1873, § 3189; Code 1882, § 3189; Civil Code 1895, § 4039; Civil Code 1910, § 4636; Code 1933, § 37-804.)
RESEARCH REFERENCES
C.J.S.
- 81 C.J.S., Specific Performance, § 46.
ALR.
- Early death of vendor as affecting enforcement of contract to convey in consideration of contract for his or her support for life, 49 A.L.R. 601.
Broker's right to commission where customer repudiates or fails to complete contract or promise which is oral or not specifically enforceable, 12 A.L.R.2d 1410.
Validity and enforceability of contract which expressly leaves open for future agreement or negotiation the terms of payment for property, 68 A.L.R.2d 1221.