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1948 Ann. Surv. Am. L. 642 (1948)
Equity

handle is hein.journals/annam1948 and id is 718 raw text is: EQUITY SIDNEY POST SIMPSON BERNARD SCHWARTZ AGAIN a survey of the Equity decisions reveals nothing of out- I Istanding significance. The volume of cases is as great and the task of sifting for grains of wheat from a mountain of chaff has assumed no different dimensions. What follows is an attempt to relay some part of a welter of precedents to their place in a legal system which they do not greatly affect and to which they make no substantial contribution. SPECIFIC PERFORMANCE Land.-Energetic and hopeful counsel continue to claim adequacy of legal remedy in cases of suits in equity to enforce land contracts. In a New York case involving a contract for the purchase of a farm by Cornell University, the court points out that the farm was not sought for ordinary farming activities, but rather for specific ex- perimental purposes. This farm was the only one found meeting the requirements desired. In view of this, says the court, the defense of adequacy of the remedy at law must fail. It would be most diffi- cult if not impossible, to compensate Cornell University in money damages for the loss it would sustain if defendants failed to convey the farm lands as provided by the contract in question.' The elaboration seems unnecessary. Clearly, as pointed out in a recent article,2 it has long been settled that in such cases no remedy at law is so adequate, complete and efficacious as the acquisition bar- gained for.! Personal Property.-Cases involving contracts for new automobiles SIDNEY POST SIMPSON is Professor of Law at New York University School of Law and a Member of the New York Bar. BERNARD SCHWARTZ is an Instructor in Law at New York University School of Law and a Member of the New York Bar. ' Rogalsky v. Ryan, 80 N. Y. S. 2d 564, 566 (Sup. Ct. Cayuga Co.). 'De Funiak, Contracts Enforceable in Equity 34 Va. L. Rev. 637, 643 (1948). See Itzkowitz v. Fertitta, 76 N. Y. S. 2d 156, 158 (Sup. Ct. Kings Co. 1947). 3 On specific performance of contracts for the sale of non-unique standing timber to be severed immediately, see Note, 36 Ky. L. J. 221 (1948). 642 Imaged with the Permission of N.Y.U. Annual Survey of American Law

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