Arnold v. Leahy Home Building Co.

I would affirm the trial court’s dismissal of count II of the amended complaint which requests specific performance and leave the parties to do battle for damages under count I.

Specific performance is not a matter of right but rests in the sound discretion of the trial court to be determined by all the facts and circumstances in evidence; the evidence necessary to support a decree for specific performance must be clear, explicit and convincing. Wolford v. James E. Kolls Investment Co. (1978), 61 Ill. App. 3d 405, 408, citing Harper v. Kennedy (1958), 15 Ill. 2d 46, 52.

A party seeking specific…