Page:Harvard Law Review Volume 9.djvu/475

447 WHAT ARE DECREES IN PERSONAMf 447 WHAT ARE DECREES IN PERSONAM? FANCY an Englishman who owns the Vendome and concludes to buy the Brunswick also. Price is agreed, proper sale con- tract duly executed. The price is to be a million cash. Vendor's plans and programme for future business arrangements change of course ; but the EngHshman changes his notion, stays at home in London, runs his Vendome by agents, lessees, etc., becomes con- trary and obstinate, and finally refuses to do a thing, and defies the vendor. What can the vendor do about it ? It is annoying to see his promisor and business rival enjoying the rents and revenues of a two-million-dollar hotel near by, without even sneaking its title into the name of a wife or brother-in-law, while said rival repudiates his contract duty, shelters his persoftam under the Meteor Flag, and enjoys full Massachusetts protection of his property. But what can vendor do about it? The only complete justice for vendor is to get his price. Since Old Colony Railroad v. Evans,^ a lawsuit will not give him the agreed million, but only a verdict for excess of price over value, no great sum when intelligent parties are dealing. We need not now speak of possible depreciations, so, if there is no jurisdictional stumbling-block in the way, vendor ought to have specific perform- ance of the contract decreed by an equity court, and to have his contract price decreed to him, collectible by execution, for of course he will have attached the Vendome in his equity suit. The attachment gives jurisdiction of the lis, opens a door to some possible relief. How much and what reHef will depend upon how far the right arm of the Commonwealth reaches. Of that hereafter. We will suppose all the citations, etc. required by the equity rules in a suit against a non-resident duly given. We may say, in passing, that it is the clear policy of the Com- monwealth to aid its citizens against the misdeeds and defaults of foreigners to the utmost of its power. Its execution seizes the foreigner's property here, though the judgment has no extra-state force. Before a foreign guardian of a foreigner can carry off per- 1 6 Gray, 25. 59