Brief Fact Summary. Plaintiff and Defendant entered into a contract when Plaintiff would buy and Defendant would supply propane. The contract contained a clause, which stated that Plaintiff could terminate the contract at any time, provided that it was thirty days before the end of each year. There was no such clause for Defendant. Defendant decided to back out of the contract.
Synopsis of Rule of Law. Specific performance is appropriate when the terms of the contract are express, so that the court can determine what specific performance should be, the contract has a definite end, and remedy at law is inadequate.
Mutuality of contract means that an obligation rests upon each party to do or permit to be done something in consideration of the act or promise of the other; that is, neither party is bound unless both are bound.View Full Point of Law
Issue. Can Plaintiff get specific performance on the contract?
• This is a contract to supply all the propane Plaintiff needs. The duration of the contract is not indefinite because most of the developments in question are switching over to natural gas. The lower court can determine what is the price of Wood River Area Posted. Remedies at law are inadequate because Plaintiff does not have another long-term supplier of propane.
Discussion. Usually, specific performance is only available for a breach of contract to sell real estate because each piece of real estate is unique and it is unlikely that money damages would put the injured party in the same position they would have been in if the contract had been performed. Here, is an example of when specific performance can be used in a case involving personal property.