specific performance

Such a decree is not a matter of right. It rests in the sound discretion of the court, and generally it will not be made in favor of a party who has himself been in default.

The actual accomplishment of a contract by the party bound to fulfill it. An equitable remedy to compel the precise or substantial performance of a contract. The right to the remedy was in its origin dependent on the inadequacy of the legal remedy by suit for damages, but this rule has been very much relaxed. 2 N. Y. 60; 7 111. 327. SPECIFICATIO (Lat.)

In civil law. The process by which, from material either of one kind or different kinds, either belonging to the person using them or to another, a new form or thing is created; as, if from gold or gold and silver a cup be made, or from grapes' wine. Calv. Lex. Whether the property in the new article was in the owner of the materials, or in him who effected the change, was a matter of contest between the two great sects of Roman

Performance of a contract in the specific form in which it was made, or according to the precise terms agreed upon. This is frequently compelled by a bill in equity filed for the purpose. 2 Story, Eq. Pi. § 712, et seq. The doctrine of specific performance is that, where damages would be an inadequate compensation for the breach of an agreement, the contractor will be compelled to perform specifically what he has agreed to do. Sweet.

Defined under Performance in Black's Law Dictionary.

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.