PREMIUM LEGAL RESOURCES LEGAL FORMS ASK A LAWYER

SPECIFIC PERFORMANCE

remedies. The actual accomplishment of a contract by the party bound to fulfill it.

Many contracts are entered into by parties to fulfill certain things, and then the contracting parties neglect or refuse to fulfill their engagements. In such cases the party grieved has generally a remedy at law, and he may recover damages for the breach of the contract; but, in many cases, the recovery of damages is an incompetent remedy, and the party seeks to recover a specific performance of the agreement.

It is a general rule, that courts of equity will entertain jurisdiction for a specific performance of agreements, whenever courts of law can give but an inadequate remedy; and it is immaterial whether the subject relate to real or personal estate.

But the rule is confined to cases where courts of law cannot give an adequate remedy.

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