Pantages v. Grauman

Citations

• 191 F. 317
• 112 C.C.A. 61
• 1911 U.S. App. LEXIS 4945

Syllabus

<p>1. Specific Performance (§ 75*) — Contracts Enforceable — Contracts for' Continuous Acts During Long Period.</p> <p>Equity will not award specific performance where the duty to be enforced is continuous and reaches over a long period of time, requiring constant supervision by the court.</p> <p>[Ed. Note. — For other cases, see Specific Performance, Cent. Dig. § 210; Dec. Dig. § 75.*</p> <p>Specific performance of contracts requiring performance of continuous acts, see note to Berlinger Gramophone Co. v. Seaman, 49 C. C. A. 103.]</p> <p>2. Specific Performance (§ 6*) — Contracts Enforceable — Want of Mutuality.</p> <p>By a written contract defendant agreed to sell, and complainant to buy, one-half the capital stock of an amusement company organized by'defendant for the purpose of conducting a new theater in San Francisco, which had been leased for 10 years. Complainant was to pay $50,000 for the stock, one-fourth in cash and the remainder from his share of the profits. . He also bound himself inter alia that the amusement company should be'entitled for 10 years, on terms stated, to the first call on vaudeville acts and performances booked in San Francisco by a theater company in which he owned a majority of the stock. Held that, construing the contract in view of the central purpose of the parties to secure and conduct a playhouse and furnish entertainments therein as a business venture, such two provisions of the contract were correlative and not sever-able, and that, since the agreement of defendant to furnish the performances of his company for 10 years to the amusement company was one which a court of equity could not specifically enforce, it would not decree specific performance by defendant.</p> <p>[Ed. Note. — For other cases, see Specific Performance, Gent. Dig. §§ 9-11; Dec. Dig. § 6.*]</p> <p>3. Specific Performance (§ 6*) — Contracts Not Enforceable — Offer to Perform.</p> <p>Where a contract when executed is not specifically enforceable against one of