Walshe v. Endom

Citations

• 124 La. 697
• 50 So. 656
• 1909 La. LEXIS 531

Syllabus

<p>1. Specific Performance (§ 13*) — When Granted — Damages .</p> <p>Specific performance is not a remedy which can be demanded as of right in every case of violation of contract. The party aggrieved' by such violation is in ordinary cases entitled only to damages. Specific performance is a character of relief which should be granted only where under the circumstances the thing ordered to be done is within the legal capacity of the party ordered to do it and the rights of parties not before the court are not involved.</p> <p>2. Specific Performance (§ 13*) — When Granted.</p> <p>Courts should not order a party to jdo that which legally he is not entitled to do.</p> <p>(Syllabus by the Court.)</p>