Bell v. Smith Concrete Products, Inc.

As a general rule, the remedy for a breach of contract for the sale of personal property is an action at law, where damages are awarded. Rodgers v. Brock, 156 N.C. 401, 72 S.E. 820; 17A C.J.S. 1008-9. To invoke equitable jurisdiction, it must appear that the party injured by the breach can not be adequately compensated by monetary payment. If that be so, specific peformance may be decreed. 49 Am. Jur. 6; 81 C.J.S. 408. Specific performance is decreed only when necessary to require one to do that which in good conscience he ought to do without court compulsion.

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