Senter v. Davis

Citations

• 38 Cal. 450

Syllabus

<p>Jurisdiction—Specific Performance__The jurisdiction of a Court of Equity to decree specific performance does not turn at all upon the question whether the contract relates to real or personal property, but upon the question whether the breach admits of adequate compensation in damages.</p> <p>Idem. —If damages at law will be adequate compensation for the breach, specific performance will not be decreed.</p> <p>Idem.—If non-performanco will embarrass the plaintiff in his business plans, or involve him in- loss which a jury cannot estimate with any degree of certainty, specific performance should be decreed.</p> <p>Idem in Eespect to Sales of Personal Property.-^ The general rule is, that specific performance of contracts for the sale of personal property will not be decreed; yet, if- the thing bargained for is of unusual distinction or curiosity, or is so related to the business of the plaintiff that non-performance will embarrass or impede him in his business, threatening a loss of profits which a jury cannot correctly estimate, or the like, specific performance will be granted.</p> <p>Idem. —A party seeking specific performance of contracts for the sale of personal property must state, in his complaint, the peculiar facts upon which he-relies as taking his case out of the general rule that specific performance will not be decreed in relation to such contracts.</p> <p>Idem.—D. being the owner of the right or privilege to deliver a newspaper to subscribers within a certain district, sold to S., at a price agreed upon, to be thereafter paid, and when paid, D. was to give a bill of sale. S. took possession, and paid .part of the purchase money', when D. turned him out. S. then sued for specific performance; but no further facts being stated showing why damages would not be full compensation, specific performance was denied.</p> <p>Idem.—A party who relies upon an exception to a general rule, must state the facts which bring his case within it-</p>