Grover v. Lahr

Harvey, J.,

Defendants have filed preliminary objection by way of demurrer to this complaint in equity for a decree of specific performance of defendants’ written contract to mortgage certain real estate. The reason assigned in support of the *800demurrer is that the complaint fails to set forth a cause of action in equity.

“Damages are regarded as an inadequate remedy for the breach of a promise (a) to transfer any interest in specific land, . . . and specific enforcement will be decreed, . . .”: A. L. I. Restatement of the Law of Contracts, vol. 2, §360. It is almost “horn-book law” (see…