Gregoire v. Paradis

The single exception transferred is to the Court’s denial of specific performance. It is axiomatic that the granting of such relief is discretionary with the Court depending upon the circumstances of the case and is not a matter of right. Bourn v. Duff, 96 N. H. 194, 200, and authorities cited. Ordinarily, unless it is impossible to do so, in a contract for the sale of land relief will be granted if the property can be identified with reasonable certainty, but where it cannot specific performance will not be decreed. Restatement, Contracts, s. 370; 49 Am. Jur. 34-36.

In the present case the…