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Falcke v. Gray, 62 Eng. Rep. 250 (1859)

Facts:

P agreed to buy some Ornamental jars for $40. Jars were valued at $200 and D sold them to a 3rd party. P was in the business and should have known that jars were worth more. P wants specific performance.

Issue(s):

Can the plaintiff get specific performance of the contract?

Ratio:

You cant get specific performance for ordinary chattels, but if the chattel is unique and damages wouldn’t be an adequate remedy you can get specific performance – unless the object had been sold to a 3rd person, then you get damages


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