Specific performance of a contract, if within the power of the party, will be decreed, generally, whenever the damages recoverable at law would not be an adequate compensation for nonperformance.
(Orig. Code 1863, § 3118; Code 1868, § 3130; Code 1873, § 3186; Code 1882, § 3186; Civil Code 1895, § 4036; Civil Code 1910, § 4633; Code 1933, § 37-801.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 71 Am. Jur. 2d, Specific Performance, § 8.
22B Am. Jur. Pleading and Practice Forms, Specific Performance, § 3.
C.J.S.- 81 C.J.S., Specific Performance, § 6 et seq.
ALR.
- Right of party who has once refused to perform to have specific performance of contract, 2 A.L.R. 416.
Dismissal of suit as affecting election of remedies as between damages and specific performance, 26 A.L.R. 111.
Specific performance of written executory contract for lease of real property, 31 A.L.R. 502; 173 A.L.R. 1161.
A provision in land contract for pecuniary forfeiture or penalty by a party in default as affecting the right of the other party to specific performance, 32 A.L.R. 584; 98 A.L.R. 877.
Right of beneficiary to enforce contract between third persons to provide for him by will, 33 A.L.R. 739; 73 A.L.R. 1395.
Infancy of party to contract as affecting his right to specific enforcement, 43 A.L.R. 120.
Obligation of assignee to vendor to perform contract on assignment by purchaser of contract to sell real property, 59 A.L.R. 954.
Specific performance of a contract as a matter of right, 65 A.L.R. 7.
Remedies during promisor's lifetime for breach of agreement to give property at death, 66 A.L.R. 1439.
Right to return in specie of the consideration received by a political subdivision under an invalid or unenforceable contract, or to declaration of trust or other right in respect of property into which consideration has been converted, 93 A.L.R. 441.
Remedy by mandatory injunction or specific performance for breach of contract to furnish one the requirements of his business, 98 A.L.R. 421.
Right to specific performance, or injunction against breach, of lease or sublease or of contract to make lease as affected by right of complainant to cancel lease before expiration of term for which other party is bound, 117 A.L.R. 256.
Specific performance of contract for sale of corporate stock, 130 A.L.R. 920.
Specific performance of contract for services, 135 A.L.R. 279.
Remedy of specific performance as available to vendee's assignee, 138 A.L.R. 205.
Contract for exclusive distribution or sales agency as subject of suit for specific performance, 145 A.L.R. 684.
Specific performance, or other equitable enforcement, of agreement for wife's support or alimony, 154 A.L.R. 323.
Insolvency of defendant as a reason for denying specific performance, 154 A.L.R. 1201.
Specific performance or injunction as proper remedy for breach of collective bargaining agreement, 156 A.L.R. 652.
Specific performance, or injunction against breach, of contract for organization or reorganization of corporation, 158 A.L.R. 997.
Specific performance of contracts requiring building or construction, 164 A.L.R. 802.
Remedies during promisor's lifetime on contract to convey or will property at death in consideration of support or services, 7 A.L.R.2d 1166.
Specific performance or injunctive relief against breach of contract, other than lease or agreement therefor, or contract for services, terminable by one party but not the other, 8 A.L.R.2d 1208.
Option executed simultaneously with mortgage for purchase of mortgaged property by mortgagee as subject of specific performance, 10 A.L.R.2d 231.
Change of conditions after execution of contract or option for sale of real property as affecting right to specific performance, 11 A.L.R.2d 390.
Mutuality of remedy as essential to granting of specific performance, 22 A.L.R.2d 508.
Specific performance of provisions of separation agreement other than those for support or alimony, 44 A.L.R.2d 1091.
Specific performance of compromise and settlement agreement, 48 A.L.R.2d 1211.
Uncertainty as to terms of mortgage or of accompanying note or bond contemplated by real-estate sales contract as affecting right to specific performance, 60 A.L.R.2d 251.
Specific performance: requisite definiteness of provision in contract for sale or lease of land, that vendor or landlord will subordinate his interest to permit other party to obtain financing, 26 A.L.R.3d 855.
Purchaser's misrepresentations as to intended use of real property as ground for vendor's equitable relief from contract and deed, 35 A.L.R.3d 1369.
Specific performance of lease of, or binding option to lease, building or part of building to be constructed, 38 A.L.R.3d 1052.
Specific performance of agreement for sale of private franchise, 82 A.L.R.3d 1102.
Specific performance of agreement to lend or borrow money, 82 A.L.R.3d 1116.
Requirements as to certainty and completeness of terms of lease in agreement to lease, 85 A.L.R.3d 414.
Special or consequential damages recoverable, on account of delay in delivering possession, by purchaser of real property awarded specific performance, 11 A.L.R.4th 891.