Cahalan Investment Co. v. Yakima Central Heating Co.

Citations

• 113 Wash. 70
• 193 P. 210
• 1920 Wash. LEXIS 799

Syllabus

<p>Specific Performance .(51) — Existence of Contract — Weight and Sufficiency of Evidence. A contract to furnish heat for an apartment house will not be specifically enforced where there is a conflict in the evidence as to whether the contract was entered into and its existence is not shown by clear and convincing evidence.</p> <p>Same (11) — Contracts Enfobcible — Duration of — Supervision of Court. A decree of specific performance of a contract to furnish heat for an apartment house will not be entered where it would involve a supervision of the matter for a term of years, only private interests are involved, and it appears that the plaintiff has an adequate remedy at law.</p> <p>Same (1) — Remedy in Damages. The difficulty in proving dam.ages for breach of a contract to furnish heat for an apartment house does not show that there is no adequate remedy at law, so as to authorize an action for specific performance.</p> <p>Damages (66) — Breach of Contract — Measure of Damages. The measure of damages for breach of a contract to furnish heat for an apartment house is the difference between the agreed price and the price plaintiff will be compelled to pay to procure a like service.</p>