CURTICE BROTHERS CO. V. CATTS
66 A. 935 (1907)
NATURE OF THE CASE: This was a dispute over the sale of tomatoes.
FACTS: Curtice (P) is engaged in the business of canning tomatoes and seeks specific
performance of a contract wherein Catts (D) agreed to sell P the entire product of certain
land planted with tomatoes. P's factory had a capacity of one million cans of tomatoes. The
packing season lasts about six weeks. The contract in question was made with the logistics
of canning one million cans within the six-week period. A refusal to deliver under a
contract made under these conditions will result in irreparable injury to P. Specific
performance was issued. D contested the power of the court to grant specific performance.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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