Curtice Brothers Co. v.

Catts (1907)
FACTS
- the parties had a contract for the sale of tomatoes, however the defendant
breached by not providing the tomatoes
- plaintiff asked for specific performance for tomatoes on defendants land
- the plaintiffs factory makes many preparations for the 6-week packing
season
- they spent money on labor and supplies necessary to profit
PROCEDURAL POSTURE
ISSUE
Whether the plaintiff is entitled to specific performance for the defendants
breach of failing to provide tomatoes.
RULE STATEMENT
specific performance- money does not compensate or put in position
performance would have
COURT REASONING
- a refusal of the parties who contract to supply a given acreage to comply
with their contract leaves the factory helpless except to whatever extent an
uncertain market may supply the deficiency
- no substitute available
- the inability to procure at any price at the time needed and of the
quality needed the necessary tomatoes to insure the successful
operation of the plant
- business is extraordinary and everything was prearranged already
HOLDING
specific performance
-money would not compensate the amount of preparation the plaintiff put in
NOTES