Kitchen v. Herring
Citation: 42 N.C. 190 (1851)
Facts
A buyer contracted to purchase land. The seller refused to convey. The buyer sought specific performance. The seller argued the buyer had an adequate remedy at law (damages).
Issue
Is specific performance available for a contract to convey land, or must the buyer pursue damages at law?
Holding
Specific performance is available. Land is unique — every parcel is different — so damages are presumptively inadequate for breach of a contract to sell land. Equity will enforce the contract specifically.
Rule
Specific performance — land contracts: Contracts for the sale of land are specifically enforceable as a matter of course because land is unique and monetary damages cannot adequately compensate the buyer for loss of the specific parcel. The inadequacy-of-legal-remedy requirement is satisfied by the uniqueness of land.
Significance
- Classic statement of the land-uniqueness rationale for specific performance
- The rule that land contracts are specifically enforceable is well-established across jurisdictions
- Contrast with personal property: specific performance requires showing the item is unique or damages are otherwise inadequate (Van Wagner Advertising v. S & M Enterprises)