Snodgrass v. Stubbs

Markell, J.,

delivered the following dissenting opinion:

1. To be specifically enforced, a contract must be fair, certain and mutual (Miller, Equity, secs. 681, 683, 685) and must be of a class which courts deem susceptible of specific performance (sec. 668), e. g., ordinarily not a contract involving personal services, such as contracts of employment or partnership, or especially executory contracts for the formation of a partnership. Maxa v. Jones, 148 Md. 459, 462-464, 129 A. 652. When contracts for personal services have been fully performed, payment may be compelled by specific performance…