Campbell v. Rust

Citations

• 85 Va. 653
• 8 S.E. 664
• 1889 Va. LEXIS 79

Syllabus

<p>1. Specific Performance&emdash;Personal services.&emdash;In general, courts of equity will entertain suits for specific performance of agreements relating to land, or to specific chattels having pretium affectionis, whenever law courts will not afford adequate remedy; but not of contracts for personal services, or acts involving skill, labor and judgment.</p> <p>2. Idem&emdash;Damages&emdash;Adequate remedy.&emdash;Equity will not ascertain and award damages in any case where specific performance or other equitable relief would be improper, or where there is adequate remedy at law.</p> <p>3. Idem&emdash;Auxiliary relief&emdash; Writ of q. d.&emdash;Where equity has jurisdiction of case proper for specific performance, it may, as auxiliary relief, decree compensation or damages; and where, in such case, damages are asserted, the court ought not to send the parties to litigate their rights in another forum, but should refer the amount to one of its masters, or direct an issue of quantum damnificatus to be tried at its bar.</p> <p>4. Equitable Jurisdiction and Relief&emdash; Case at bar.&emdash;Complainant owned ore-bank, and agreed to deliver ore to company at certain price per ton, and made contract under seal with defendant, reciting that he leased to him the ore-bank on condition that he mine, prepare, and deliver to company certain quantity of ore per week, and for each ton, as shown by company’s receipt, complainant was to receive two-sevenths and defendant five-sevenths of the price. The bill alleged that defendant failed to deliver the specified quantity, abandoned the ore-bank, and refused to perform his promis.es, and prayed for specific performance and payment of all sums due and to become due, under contract to complainant, and failing that, defendant be required to pay a sum sufficient to compensate complainant for all damages sustained, or to be sustained by reason of his failure;</p> <p>Held :</p> <p>Equity has no jurisdiction. The contract is not a l