Concert Radio, Inc. v. Gaf Corp.

I dissent in part and would affirm for the reasons stated in the opinion of Justice Allen Murray Myers.

This appeal raises the issue of when may a party, otherwise entitled to specific performance, be denied such relief on a claim *280of “hardship” or “windfall” as a result of a significant increase in the value of the asset?

The majority has concluded that specific performance will result in unreasonable hardship or injustice and, therefore, is an inappropriate remedy. By implication, it holds there would be a penalty or forfeiture if this equitable relief is granted. In my view, the contrary is…