Headnote
In a suit for specific performance the plaintiff must plead and prove continuous readiness and willingness from the date of the agreement until the decree; a mere recital in the plaint is insufficient where the balance consideration was never tendered or deposited.
Key holdings
- Readiness and willingness is a continuing obligation, not a one-time averment.
- Failure to deposit the balance sale consideration in court weighs heavily against the buyer.
- Specific performance is a discretionary relief and may be refused even where the agreement is proved.