remedies. The actual accomplishment of a
contract by the party bound to fulfil it.
2. Many contracts are entered into by parties to fulfil certain things,
and then the contracting parties neglect or refuse to fulfil their engagements.
In such cases the party grieved has generally a remedy at law, and he may
recover damages for the breach of the contract; but, in many cases, the
recovery of damages is an incompetent remedy, and the party seeks to recover a
specific performance of the agreement.
3. It is a general rule, that courts of equity will entertain
jurisdiction for a specific performance of agreements, whenever courts of law
can give but an inadequate remedy; and it is immaterial whether the subject
relate to real or personal estate. 1 Madd. Ch. Pr. 295; 2 Story on Eq.
§717; 1 Sim, & Stu. 607; 1 P. Wms. 570; 1 Sch. & Lef. 553; 1 Vern.
4. But the rule is confined to cases where courts of law cannot give an
adequate remedy. 2 Story on Eq. §718; Eden on Inj. ch. 3, p. 27. Vide,
generally, 2 Story on Eq. ch. 18, §712 to 792; 1 Supp. to Ves. jr. 96,
148, 184, 211, 495; 2 Supp. to Ves. jr. 65, 164; Fonb. Eq. b. 1, c. 1, s. 5;
Sugd. Vend. 145.
Source: Bouviers Law Dictionary 1856 Edition