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Keywords

contractplaintiffdefendantdamagesappealoverruledspecific performance
contractplaintiffdefendantdamageswillspecific performance

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Poltorak v. Jackson Chevrolet Co., 322 Mass. 699, 79 N.E.2d 285

Facts

Eugene H. Poltorak entered into an agreement with Jackson Chevrolet Company on January 29, 1946, for the purchase of a new Chevrolet sedan. He provided his old car as a trade-in, expecting delivery within 30-45 days. Despite repeated demands for delivery, the defendant failed to provide the vehicle, even though they had the capacity to do so. The case was heard on its merits after a demurrer was overruled, leading to a decree for specific performance, which was later appealed.

The plaintiff called on the defendant every week subsequent to March 16, 1946, and made demand for the delivery of an automobile complying with the description contained in the contract; and although the defendant could have delivered to him such an automobile between May 6, 1946, and August, 1946, it failed to do so and also failed to offer to the plaintiff the proceeds of the sale of the automobile which the plaintiff had turned over to the defendant and which the latter sold.

Issue

Whether the court should order specific performance of a contract for the sale of an automobile when the buyer has not shown that damages would be inadequate.

Whether the court should order specific performance of a contract for the sale of an automobile when the buyer has not shown that damages would be inadequate.

Rule

Specific performance may be granted for contracts involving personal property if the buyer demonstrates an inability to procure a similar item or that damages would not provide adequate relief.

It is settled in this Commonwealth that specific performance of contracts for the sale of land will generally be granted, and also of contracts for the sale of chattels where the buyer shows that he is unable by reason of the nature of the subject, the conditions of the market, or other circumstances, to procure an article substantially similar to the one which he contracted to buy, or that the delay, expense and difficulties incidental to procuring such an article will entail serious inconvenience, loss of hardship, or that he stands in such a relation to the article that manifest justice will not be done unless performance is decreed.

Analysis

The court analyzed the circumstances surrounding the contract and the market conditions at the time. It noted that while there was a scarcity of automobiles due to a strike, the plaintiff had not made efforts to obtain a similar vehicle from other dealers. The court concluded that the plaintiff's claims of inconvenience did not equate to substantial harm that would justify specific performance, as he had not suffered pecuniary damages beyond the value of the trade-in vehicle.

The scarcity of automobiles, which went no farther than to occasion considerable delay in delivery, is not sufficient basis for a decree of specific performance in favor of one who sought the completion of a contract for the sale of an ordinary passenger vehicle, and who showed no substantial harm of a kind of character which could not be adequately compensated by an award of damages in an action at law.

Conclusion

The court reversed the initial decree for specific performance and dismissed the bill, stating that the plaintiff was not entitled to specific performance and could pursue damages through a separate legal action.

The plaintiff is not entitled to have the contract specifically performed. Nothing decided here will preclude the plaintiff from bringing an action at law to recover damages or to pursue such other remedy as he may be advised.

Who won?

Jackson Chevrolet Company prevailed in the case because the court found that the plaintiff did not demonstrate sufficient harm to warrant specific performance.

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