Treasurer v. Commercial Coal Mining Co.

Citations

• 23 Cal. 390

Syllabus

<p>The general rule, that a Court of Equity would not enforce a specific performance of an agreement for the transfer of stock, applied particularly to public stocks, such as are commonly bought and sold in the market, and where exact compensation in damages could be awarded by a Court of Law.</p> <p>Where stock is of a peculiar and uncertain value, and where compensation in damages will not afford a party a full and adequate remedy, a Court of Equity will decree a specific performance.</p> <p>In this State, Courts of Equity will decree a specific performance of contracts for the transfer of mining stocks, owing to their fluctuating and uncertain value in market, and the difficulty of substantiating by competent evidence what would be a proper measure of damages.</p>