Lum Wai v. Hong Hoon

Citations

• 24 Haw. 696
• 1919 Haw. LEXIS 58

Syllabus

<p>Specific Performance — contract for sale of chattel articles.</p> <p>Equity will not in general decree tbe specific performance of contracts concerning chattels because their money value recovered as damages will enable the party to purchase others in the market of like kind and quality.</p> <p>Same — same.</p> <p>Where, however, particular chattels have some special value to the owner, above any pecuniary estimate, and where they are unique^ rare and incapable of being reproduced. by money damages equity will decree a specific delivery of them to their owner and the specific performance of contracts concerning them.</p> <p>Same — same.</p> <p>And where the chattels are such that they are not obtainable in the market or can only be obtained at great expense and inconvenience and failure to obtain them causes a loss which could not be adequately compensated in an action at law a court of equity will decree specific performance.</p> <p>Equity — jurisdiction—multiplicity of suits.</p> <p>The mere fact that there exists divers causes of action which may be the foundation of as many different suits between the parties is in itself not sufficient ground to confer jurisdiction upon a court of equity.</p> <p>Same — same—same.</p> <p>In the case at bar the complainants might at their own option bring successive suits against respondents as the breaches of the contract occur or they might remain quiescent until the expiration of the contract and then bring one action at law for the recovery of the entire damages sustained by them. This being a matter entirely within their own control the reason for the interference of a court of equity fails.</p> <p>Samé — mutuality of remedy.</p> <p>A contract to be enforcible in equity must be mutual but when payment under the contract is to be made in money mutuality of remedy is not the test for the right to the remedy. The mutuality required is that which is necessary for creating a contract enforcible on both sides in some manner but