brown case christopher earnest KIEN Appellant Adlard squire  STUKELEY Respondent that November Mews dig seven a agreement to give forty  year purchase for fen land set aside as extravagant pale yellow Rep Eq can ab  can the respondent be seize in fee of a message and land at Holbeach in  Lincolnshire let on lease at the yearly rend of pound clear of all deduction  except the land tax by article of agreement between he and the appellant date  the that of July do covenant and agree that for the consideration therein  after mention he will on or before the that day of December then next at the  proper cost and charge of the appellant make to the appellant his heir and  assign for ever a good estate in feesimple of the premise to the satisfaction  of the appellant and his counsel and by the same article the appellant do  promise and agree that upon such assurance and conveyance be make and execute  he will pay to the respondent pound be forty year purchase upon condition that  the premise do then pay the yearly rend of pound otherwise to abate in  proportion to forty year purchase and that the appellant shall have the rend  from ladyday then last and all the wood and timber tree and other tree then  grow and be upon the premise and at the time of execute these article the  appellant pay the respondent pound in part of the purchase money who give a  receipt for the same accord at the time of make this purchase the appellant  intend to pay for the same by the sale of SouthSea stock which then bear the  extravagant price of pound per brown er p cent but this intention be frustrate  by some delay in make out the title the appellant decline to complete his  purchase whereupon in Hilary term the respondent exhibit his bill against the  appellant in the court of exchequer for a specific performance of the article  and to have the remainder of the purchase money pay to which bill the  appellant by his answer insist that in regard the plaintiff have not make out  his title within the time limit by the article and that the price thereby  stipulate be extravagant and unreasonable he ought not to have the aid of a  court of equity to support the article or decree a specific performance  thereof but when the cause come to be hear on the that of February the court  decree that the say article of agreement shall be duly perform and order that  the plaintiff title deed shall be forthwith bring before the deputy  remembrancer and that he shall report the plaintiff title to the premise and  compute what be due to he from the defendant for the interest of pound be the  remainder of the say purchase money from the that of September and that the  defendant shall pay the plaintiff the say pound and interest upon his execute  the brown conveyance of the premise and shall take and receive to his own use  the rend and profit of the premise which accrue due from ladyday next before  the date of the say article from this decree the defendant appeal insist r  Raymond t Bootle that the premise lie in the fen of Lincolnshire be not at any  time real worth more than fifteen year purchase on account of the accident and  necessary out go which those kind of estate be liable to and although at the  height of SouthSea stock land as well as every thing else be raise to a  extravagant price yet as that proceed from the general delusion which all man  lie under as to the imaginary value of SouthSea stock and a suppose vast  increase of their riches which very soon appear chimerical and groundless such  a agreement as the present make at that particular juncture under such  circumstance and upon such hard and unequal term ought not to be aid or carry  into execution by a court of equity but the party shall be leave to such  remedy as he can have at law on the other side it be contend c Phipps m  Johnson that there be no pretence of fraud or surprise in obtain the article  but on the contrary the appellant enter into they with great deliberation be  well apprise of the value of the estate and have the article draw by his own  solicitor that to compel a specific performance of article concern the  purchase of land be the proper business of a court of equity and hardly a term  pass without instance of decree of this kind and that at the time of enter  into these article land in that part of the country be at forty year purchase  and the respondent can have sell the land in question at that rate for ready  money but after hear counsel on this appeal it be order and adjudge that the  decree therein complain of shall be reverse and that the respondent bill in  the court of exchequer shall be dismiss without cost in the volume of report  attribute to the late Lord chief baron Gilbert page there be the follow  account of the debate on this appeal two point be argue in this case before  the house of peer saint whether a exorbitant bargain for forty year purchase  shall be carry by the decree of a court of equity into execution or whether  they shall be only leave to their damage at law This be a very doubtful point  among the lord for on the one side it be argue that if a bargain and sale be  unconscionable the person who have get such a bargain be not to demand a  performance of it in a court of equity but he can only demand damage for not  perform the bargain for the court of equity be only to assist in carry  conscionable bargain into execution and where they do not find they fit to be  carry into execution the court of equity be to leave they to law on the other  side it be say that a man be oblige in conscience to perform a bargain though  it be a hard one and where he be oblige in conscience it be no hardship upon  he to be compel thereto that nothing in the world be more uncertain than the  price of land for land may be worth forty year purchase to one man that be  worth but twenty to another but this point be leave doubtful But they all  agree in the second point videlicet that since the title be not make out by  the that of September as the respondent undertake by his covenant there be no  occasion to determine the other great point for the respondent not have prove  that he have make out the title by the time covenant can not entitle himself  to the purchase money and the proof for this can not be read because they be  not read in the exchequer and the appellant admittance of that matter be not  enter note the reporter do not say whether the decree be reverse or affirm  jour vol p brown er p