Section 8-1-40 Specific performance not enforced in certain cases. Specific performance cannot be enforced against a party to a contract in any of the following cases: (1) If he has not received an adequate consideration for the contract; (2) If it is not, as to him, just and reasonable; (3) If his assent was obtained […]
Section 8-1-41 Obligations which cannot be specifically enforced. The following obligations cannot be specifically enforced: (1) An obligation to render personal service; (2) An obligation to employ another in personal service; (3) An agreement to submit a controversy to arbitration; (4) An agreement to perform an act which the party has not power lawfully to […]
Section 8-1-42 Specific performance not enforced for party not fully performing conditions precedent. Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except where his failure to perform is only partial and either […]
Section 8-1-43 Neither party to obligation compelled specifically to perform unless other party performs. Neither party to an obligation can be compelled specifically to perform it unless the other party thereto has performed or is compelled specifically to perform everything to which the former is entitled under the same obligation, either completely or nearly so, […]
Section 8-1-44 Contract signed by one party only may be enforced by other. A party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter has performed, or offers to perform, it on his part and the case is otherwise proper […]
Section 8-1-45 Imposition of penalty or liquidation of damages not bar to specific performance. A contract otherwise proper to be specifically enforced may be thus enforced, though a penalty is imposed or the damages are liquidated for its breach and the party in default is willing to pay the same. (Code 1923, §6832; Code 1940, […]
Section 8-1-46 Obligation on real estate specifically enforced against person subsequently claiming title. Whenever an obligation in respect to real property would be specifically enforced against a particular person, it may be in like manner enforced against any other person claiming under him by a title created subsequently to the obligation, except a purchaser or […]
Section 8-1-47 Presumptions as to availability of specific performance as remedy. It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation and that the breach of an agreement to transfer personal property can be thus relieved. (Code 1923, §6830; Code 1940, T. 9, […]
