SPECIFIC PERFORMANCE--DAMAGES--ACTION AT LAW BY VENDOR OF LAND FOR THE FULL PURCHASE PRICE

Authors

Abstract

In an action at law by a vendor of land for breach of contract by the purchaser, the title not having passed, the traditional measure of damages is the difference between the contract price and the value of the land at the time the vendor's conveyance was due. But where a conveyance is not yet due from the vendor a majority of jurisdictions allow recovery of all but the last installment of the purchase money, on the ground that in that case the promise to pay is independent of the vendor's promise to convey. Even where a conveyance is due by the terms of the contract, a substantial minority of courts have allowed the vendor to recover the full purchase price by way of damages at law, thus awarding what amounts to specific performance in a legal action. In this comment attention will be directed first to the question whether the administrative devices available in law actions are adequate for the task of specific performance at the vendor's suit; and second to the question whether the doctrines developed in equity in the field of specific performance will be carried over and applied in law actions which aim in effect at specific performance.

Recommended Citation

SPECIFIC PERFORMANCE--DAMAGES--ACTION AT LAW BY VENDOR OF LAND FOR THE FULL PURCHASE PRICE, 34 Mich. L. Rev. 545 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss4/9