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· 9/18/1940

Claim of Lovett v. Buck

Citations

  • 260 A.D. 824
  • 22 N.Y.S.2d 389
  • 1940 N.Y. App. Div. LEXIS 4846

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing long standing rule in New York that a contract may preclude the remedy of specific performance if it provides that a specific damage remedy is the sole and exclusive remedy
  • recognizing long standing rule in New York that a contract may preclude the remedy of specific performance if it provides that a specific damage remedy is the sole and exclusive remedy
  • rejecting exclusion of specific performance in favor of party seeking to compel defendant, inter alia, to perform his contractual obligation to buy plaintiffs interest in a jointly-held corporation
  • equitable relief for breach of contract available where remedy at law inadequate and contract did not specifically bar equitable relief
  • “For there to be a complete bar to equitable relief there must be something more, such as explicit language in the contract that the liquidated damages provision was to be the sole remedy.”
  • “For 9 there to be a complete bar to equitable relief there must be something more, such 10 as explicit language in the contract that the liquidated damages provision was 11 to be the sole remedy.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.