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


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.


Can the plaintiff get specific performance of the contract?


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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