case cud versus rutter S c more full report Yin Abr pi S with full note wh t l  c at the roll see this case cite in pre Charles by the name of scold v butter  Eq can ab pi bill in equity will not lie for a specific performance of a  agreement to transfer south sea stock see stat g c make perpetual by g c the  defendant in consideration of two guinea pay down do by note under hand agree  to transfer pound SouthSea stock at a fix price at the end of three week the  plaintiff on the day demand the stock and offer to pay the price but on the  defendant insist that he will only pay the difference and not transfer the  stock the plaintiff bring this bill for a specific performance and to have the  stock assign object that the compel a specific execution of contract must be  allow to be discretionary in this court and there be not a single instance or  precedent where it have be do in such a case as this that the plaintiff be put  to no inconvenience since the defendant have offer and by his answer continue  to offer to pay the difference that the plaintiff may for ask have the same  quantity of stock any peer William where upon the exchange indeed have the  agreement be for a house or land which may be a matter of moment and use in  that case suppose all thing to have peer William er p be fair transact there  may be some reason why equity shall execute such agreement but in a matter of  so little consequence as the present case there can be no necessity for this  court to interpose cur the plaintiff ought to have a execution of the contract  for the agreement be a fair one and in write and part of the money pay suppose  the whole money have be pay shall not equity have execute it if so where be  the difference betwixt a great sum and a small one if the agreement have be to  transfer stock or pay the difference this may have look like stockjobbing but  the plaintiff as be prove in the cause refuse to let the note be so pen  notwithstanding that the defendant bad desire it decree a execution of such a  agreement be beat down and prevent stockjobbing wherefore let the defendant  transfer pound south sea account for the dividend and pay the cost and let the  plaintiff pay the defendant interest for the money from the time that it ought  to have be pay accord to the contract Reg lib a fol but afterward on a appeal  the Lord chancellor Parker reverse this decree deliver his opinion with great  clearness that a court of equity ought not to execute any of these contract  but to leave they to law where the party be to recover damage and with the  money may if he please buy the quantity of stock agree to be transfer to he  for there can be no difference between one man stock and another it be true  one parcel of land may vary from and be more commodious pleasant or convenient  than another parcel peer William of land but SouthSea stock whether it be a b  c or d be the same thing and in no sort variant and therefore let the  plaintiff if he have a right recover in damage with which when receive he may  buy the stock himself so Cappur v Harris bunb but case of this kind depend so  much on their own particular circumstance that it seem no general rule can be  lie down colt v Netterville post Vol Thompson v Harcourt bro p c bro p c  Buxton v Lister atk and see arundel v Phipps Ves nutbrown v Thornton ib wright  v bell price Daniell and note there p withy v cottle S S Doloret v Rothschild  ib adderley v Dixon ib Reg lib b fol his lordship declare he do not think a  specific performance of the say agreement to be reasonable and do therefore  order that the plaintiff bill so far as seek a specific performance of the say  agreement be dismiss but his lordship declare that the defendant not have act  fair but have give occasion to the plaintiff to hope that he will transfer the  stock he think it reasonable that the defendant shall not only lose his cost  which he will otherwise have be entitle to but that he shall pay the plaintiff  the difference of the stock not only as it be upon the that of November but as  it be when the plaintiff buy his stock I e the d of December follow on which  day plaintiff give notice to the defendant that he shall attend at the  SouthSea house to accept the stock to be transfer by the defendant and upon  the defendant not attend the plaintiff purchase pound stock on that day at  threequarters per cent and it appear that the plaintiff buy afterward at  threequarters per cent which be pound S more than the defendant be to deliver  the stock at do therefore order that the defendant do pay the plaintiff after  the rate of pound S per cent for pound with interest for the cc same from the  time the plaintiff buy his stock