If, for any cause, specific performance is impossible or if the vendee declines to accept a performance in part, the court may proceed to assess damages for the breach of the contract.
(Orig. Code 1863, § 3124; Code 1868, § 3136; Code 1873, § 3192; Code 1882, § 3192; Civil Code 1895, § 4042; Civil Code 1910, § 4639; Code 1933, § 37-807.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 71 Am. Jur. 2d, Specific Performance, § 69 et seq.
C.J.S.- 81 C.J.S., Specific Performance, § 106.
ALR.
- Dismissal of suit as affecting election of remedies as between damages and specific performance, 26 A.L.R. 111.
Doctrine of part performance in suits for specific performance of parol contract to convey real property, 101 A.L.R. 923.
Right of one seeking specific performance to recover as damages an amount measured by depreciation in value of property itself, or in its market price or value, subsequent to defendant's default, 105 A.L.R. 1421.
Specific performance: compensation or damages awarded purchaser for delay in conveyance of land, 7 A.L.R.2d 1204.
Awarding damages for delay, in addition to specific performance, of contract for sale of corporate stock, 28 A.L.R.3d 1401.
Decree allowing or denying specific performance of contract as precluding, as a matter of res judicata, subsequent action for money damages for breach, 38 A.L.R.3d 323.
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.