Northern Delaware Indus. Dev. Corp. v. E.W. Bliss Co.

Court of Chancery of Delaware, 1968.

245 A.2d 431.

Dawson, pp. 180-182


Facts: The plaintiffs and the defendant made a big money agreement to update a steel plant.The defendant was too slow, and the plaintiffs sought a court order forcing them to hire more workers.


Issue: Should the court issue the order?


Rule: A court can decline to enforce specific performance if doing so would put a burden on the court thatís out of whack with the benefit of doing so.[1]


Analysis: The court basically says that it wonít become involved in supervising such a big project because it would be impractical.The court also refuses to simply order the defendant to hire 300 workers, because specific performance cannot be ordered to fulfill personal service contracts.


Conclusion: The court does not order specific performance.


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[1] See Restatement (Second) ß 366.