Comstock Mfg. Co. v. Schiffmann

The general rules of law relating to the remedy by specific performance of a contract are familiar. However, each case that comes before us is surrounded by a different set of facts. This case must be governed by its own facts and circumstances, and unless the evidence discloses a situation where good conscience will naturally require the enforcement of the contract, relief by decreeing specific performance will not be awarded: Winnie v. Winnie, 166 N. Y. 263 (59 N. E. 832, 82 Am. St. Rep. 647).

The plaintiff declares for specific performance of its contract with defendants. Defendants resist…