Loewus v. Eskridge & Downing Inc.

(After stating the facts.) The Civil Code of 1910 provides: “Specific performance' of a contract (if -within the power of the party) will be decreed, generally, whenever the damages recoverable at law would not be an adequate compensation for the non-performance.” § 4633. The Civil Code further provides: “The vendor seeking specific performance must show an ability to comply substantially with his contract in every part, and as to all the property; but a want of title or other inability as to part will not be a good answer to the vendee seeking performance who is willing to accept title to…