City Stores Co. v. Ammerman

266 F.Supp. 766 (D.D.C. 1967)

Dawson, pp. 182-183


Facts: The defendants were trying to get some land rezoned and they promised the plaintiff a store in their new shopping center if the plaintiff would support their rezoning application.  The defendants got the rezoning and opened the shopping center but refused to give the plaintiff a store.  The plaintiff sued to make the defendant give them a store.


Issue: Should the court enforce specific performance?


Rule: Specific performance shall be enforced when the remedy at law is inadequate.


Analysis: The court found that the advantages of having a store in this new shopping center were “incalculable”.


Conclusion: The court ordered specific performance.


Back to Enforcement in Equity

Back to Casebook Notes