§ 23-2-134. Vendor’s Ability to Comply
The vendor seeking specific performance shall show an ability to comply substantially with his contract in every part and as to all the property. However, a vendor’s want of title or other inability as to part of the property shall not be a good answer to the vendee seeking performance who is willing to accept […]
§ 23-2-135. Damages When Specific Performance Impossible
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. History. Orig. Code 1863, § 3124; Code 1868, § 3136; Code 1873, § 3192; Code 1882, § 3192; Civil Code 1895, § 4042; […]
§ 23-2-136. Specific Personalty; Damages or Delivery
Any good reason in equity and good conscience why the complainant should have the possession of specific personalty to which he has title shall sustain an action for specific performance or delivery and, unless rebutted by other equitable reasons, shall justify a decree. The jury in such cases may decree either damages or specific delivery. […]
§ 23-2-130. When Specific Performance Decreed Generally
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. History. Orig. Code 1863, § 3118; Code 1868, § 3130; Code 1873, § 3186; Code 1882, § 3186; Civil Code 1895, § 4036; Civil Code […]
§ 23-2-131. When Specific Performance of Parol Contract for Land Decreed; Sufficient Part Performance
The specific performance of a parol contract as to land shall be decreed if the defendant admits the contract or if the contract has been so far executed by the party seeking relief and at the instance or by the inducements of the other party that if the contract were abandoned he could not be […]
§ 23-2-132. When Voluntary Agreement Enforced
Specific performance will not be decreed of a voluntary agreement or merely gratuitous promise. If, however, possession of lands has been given under such an agreement, upon a meritorious consideration, and valuable improvements have been made upon the faith thereof, equity will decree the performance of the agreement. History. Orig. Code 1863, § 3121; Code […]
§ 23-2-133. Inadequacy of Price; Unfair or Unjust Contracts
Mere inadequacy of price, though not sufficient to rescind a contract, may justify a court in refusing to decree a specific performance, as may any other fact showing the contract to be unfair, unjust, or against good conscience. History. Orig. Code 1863, § 3122; Code 1868, § 3134; Code 1873, § 3190; Code 1882, § […]