Linden v. Hoshal

I concur with Mr. Justice Chandler in affirming the decree insofar as it holds the contract good and requires an accounting for accrued sums by defendant to plaintiff; but note that the instant case is not one to which the remedy of specific performance is appropriate. How can a court decree specific performance of payment of unliquidated sums of money not yet due? And further, mutuality of remedies is not available to both plaintiff and defendant. “There must be ‘a mutuality of remedies as well as of obligations.’ ” Matthews v. Plymouth Community Hotel Co., 265 Mich. 309, citing numerous…