Cramer v. Lewes Sand Co.

The Chancellor.

The sand which the defendant owns and has contracted to sell to the complainant is not alleged to be of such peculiar constituency or possessed of such peculiar qualities as to bring it within the category of those unique chattels with respect to which the law of specific performance recognizes a right to exceptional consideration. So far as appears, the complainant is able to secure an ample supply of sand suitable for his trade from sources other than those supplied by the defendant. The right of the complainant to the relief asked does not rest, therefore, on the unique…