Section 4.31 Real Property Contracts

• Library: Contracts 2016 Supp

1. (§4.31) Real Property Contracts

The subject matter most commonly involved in actions for specific performance is that of contracts for the sale of land or contracts that otherwise involve an interest in real property. The reason is that when a buyer seeks specific performance of a contract for the sale of land, it is ordinarily taken for granted that the legal remedy is inadequate on the ground that land is unique and has a peculiar value, which is difficult to establish through damages, regardless of any special facts showing the inadequacy of the buyer’s legal remedy. Wilkinson v. Vaughn, 419 S.W.2 1 (Mo. 1967); State ex rel. Place v. Bland, 183 S.W.2d 878 (Mo. banc 1944); Silliman v. Chrisman, 584 S.W.2d 441 (Mo. App. S.D. 1979). In these cases, it is sufficient to allege generally that the plaintiff’s remedy at law is inadequate, even if the seller can show that the buyer would suffer no economic loss. Farrington v. Hays, 182 S.W.2d 186 (Mo. 1944), cert. denied, 323 U.S. 797 (1945). A provision for liquidated damages in the contract does not make the legal remedy...