London Bucket Co. v. Stewart

STANLEY, Commissioner.

This is an appeal from a judgment 'decreeing specific performance of a contract to properly furnish and install a heating system for a large motel. The basic contention of the appellant, London Bucket Company, is that the remedy of specific performance will not lie for breach of this type of contract.

The chancellor overruled a demurrer to the petition and this is the first assignment of error. Stewart’s petition set out the contract, the pertinent parts of which are as follows: “The parties of the first part agree and bind themselves to furnish and install (subletting…