Specific Performance
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
That branch of equity jurispmdence which compels a contracting party to do as he has agreed, instead of leaving the other party to such remedy as he can obtain by damages for non-performance. The law courts, according to the old theory of the distinction (it has been much broken down in modern times), could not compel a person to act according to his agreement, but would only take proof of the loss resulting from his refusal, and award judgment for compensation, to be collected, if he still resisted, by sale of his property on execution. In many cases, however this judgment for damages afforded but inadequate redress. Equity, in obedience to the cardinal pursuant to a regulated and judicial discretion, the actual accomplishment of a thing stipulated for in a great variety of cases in which it has been found practicable, as well as just, to do so.
Consult 1 Fonbl. Eq. b. 1; 1 Madd. Chan. 466-563; 2 Atk. Com. 561-718; Batten Spec. Perf.; 2 Story Eq. Jur. ch. 18; Dart Vend. §• P. ch.
18; Sugd. Vend. §• P. 168 et seq.; Fry Spec. Perf. Under the codes of reformed procedure, the jurisdiction to enforce specific performance, or award damages for a breach, is vested in the same courts, and exercised according to the nature of the case at bar.