Metro Motors v. Nissan Motor Corp.

I respectfully dissent from that portion of the court’s opinion wherein it affirms the district court’s denial of Nissan’s request for specific performance. I readily concur in the balance of the court’s opinion.

The court concludes that “the district court recognized its obligation to balance the equities present in this case ... and appropriately balanced the equities in deciding whether to award an equitable remedy.” (Supra at 750.) The opinion does not recite any actual balancing performed by the district court, however, because the district court did not balance anything. Rather, the…