Manchester Dairy System v. Hayward

82 N.H. 193, 132 A. 12 (1926)

Dawson, pp. 150-151


Facts: The plaintiff contracted with the defendant to buy all his dairy products.  Among the provisions is one that enjoins the defendant to specific performance (equitable relief).  The trial court denied all equitable relief.  The plaintiff appealed.


Issue: Does the plaintiff have a right to specific performance?


Rule: Equity (i.e. specific performance or injunctive relief) may enforce a contract when the legal remedy (i.e. money damages) is not adequate.






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