London Bucket Co. v. Stewart

Stanley, Commissioner

Reversing.

This is an .appeál from a judgment decreeing specific performance of a contract to properly furnish and install a heating system for a large motel. The basic contention of the appéllant,' London Bucket Company, *833is that the remedy of specific performance will not lie for breach of this type of contract.

' The chancellor overruled a demurrer to the petition and this is the first assignment of error. Stewart’s petition set out the contract, the pertinent parts of which are as follows: “The parties of the first part agree and bind themselves to furnish and install…