Brief Fact Summary. A party initially brought a specific performance action which was dismissed. Subsequently, and based on the same facts, that party brought an action for damages.
Synopsis of Rule of Law. "[T]he legal deficiencies of inadequate consideration and lack of consent … are equally applicable to bar the enforcement of the contract at law as in equity."
For plaintiff to secure the desired relief (specific performance) he is required to come into court with clean hands, and with a cause whose ethical qualities were such as to commend it to the conscience of the court.View Full Point of Law
Issue. Are damages an appropriate remedy?
Held. No. "[T]he legal deficiencies of inadequate consideration and lack of consent (present here because Moorhead's assent was obtained by concealment) are equally applicable to bar the enforcement of the contract at law as in equity."
Discussion. The same considerations can bar the enforcement of a contract in law or in equity.