Fitzpatrick v. Michael
Court of Appeals of
177
Facts: The plaintiff was hired by the defendant as a maid
and other stuff, in return for a promise of a bunch of his stuff when he died.
Issue: Shall the court order the defendant to specifically
perform the agreement?
Rule: There can be no remedy in equity (specific
performance) if there is an adequate remedy at law (cash money).
Analysis: The contract was for personal services, and the court
says that generally such contracts will not be specifically enforced. The court will not force the defendant to
accept the services of the plaintiff against his will.
Conclusion: The court rules that the plaintiff is not entitled to
relief in equity.
Note