Section 4.37 Partial Specific Performance With Compensation
| Library | Contracts 2016 Supp |
3. (§4.37) Partial Specific Performance With Compensation
If a vendor is unable to convey all of the property the vendor agreed to convey, the court may award specific performance of the part of the contract that can be performed and money compensation for the part that cannot be performed. Kirby v. Balke, 266 S.W. 704 (Mo. 1924). In some cases, the courts speak in terms of the compensation being an “abatement of the purchase price.” Ray v. Wooster, 270 S.W.2d 743, 753 (Mo. 1954). According to the...
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