SPECIFIC PERFORIVIANCE. The actual accomplishment of a contract by the party bound to fulfil it.
2. Many contracts are entered into by parties to fulfil certain things, and then the contracting parties neglect or refuse to fulfil their engagements. In such cases the party grieved bas generally a remedy at law, and he may recover damages for tbe breach of the contract ; but in many cases the re covery of damages is an incompetent remedy, and the party seeks to recover a specific per formaneo of the agreement.
3. lt is a general rule that courts of equity will entertain jurisdiction for a specific per formance of agreements, whenever courts of law can give but an inadequate remedy ; and it is immaterial whether the subject relate to real or personal estate. 1 Maddock, Ch. Pr. 295 ; 2 Story, Eq. 717 ; 1 Sim. & S. Ch. 607 ; 1 P. Will. Ch. 570; 1 Schoales & L. Ir. Ch. 553 ; 1 Vern. Ch. 159. But the rule is confined to cases where courts of law cannot give an adequate remedy, 1 Grant, Cas. Penn. 83 ; 18 Ga. 473 ; 2 Story, Eq. Jur. 718 ; and a decree is to be granted or refused in the discretion of the court. 38 N. H. 400 ; 2 Iowa, 126; 5 id. 525 ; 9 Ohio St. 511; 8 Wisc. 392 • 1 Grant, Cas. Penn. 83 ; 5 Harr. Del. 74 ; Hempst. A.rk. 245 ; 2 Jones, Eq. No. C. 267 ; 6 lnd. 259.
4. As the doctrine of a specific perform ance in equity arises from the occasional in adequacy of the remedy at law upon a vio lated contract, it follows that the contract must be such a one as is binding at law, 33 Ala. N. s. 449; and it must be executory, cer tain in its terms, and fair in all its parts. It must also be founded upon a valuable con sideration, and its performance in specie must be practicable and necessary ; and, if it be one of the contracts which is embraced in the Statute of Frauds, it must be evidenced in writing. 2 Story, Eq. Jur. 751 ; Adams, Eq. 77 ; Busb. Eq. No. C. 80 ; 1 Chitty, Gen. Pract. 828. The first requisite is that the contract must be founded upon a valuable consideration, 19 Ark. 51, either in the way of benefit hestowcd or of disadvantage sus tained by the party in whose favor it is sought to be enforced, 1 Bcasl. Ch. N. J. 498; and this consideration must be proved even though the contract be under seal. 12 Ind. 539; 14 La. Ann. 606; 17 Tex. 397.
The consideration must be strictly a valuable one, and not one merely arising from a moral duty or affection, as towards a wife and chil dren; although it need not necessarily be an adequate one. Adams, Eq. 78. See 6 Iowa, 279 ; 6 Mich. 364.
The second requisite is that the mutual en forcement of the contract must be practicable ; for if this cannot be judicially secured on both sides, it ought not to be compelled against either party. Among the cases which the court deems impracticable is that of a covenant by a husband to convey his wife's land, because this cannot be effectuated without danger of infringing upon that free dom of will which the policy of the law allows the wife in the alienation of her real estate. 2 Story, Eq. Jur. a 731-735. See 6 Wisc. 127 ; 9 Md. 480.
5. The third requisite is that the enforce. ment in specie must be necessary; that is, it must be really important to the plaintiff, and not oppressive to the defendant. 1 Bead. Ch. N. J. 497. We have seen, for instance, that mere inadequacy of consideration is not necessarily a bar to a specific performance of a contract ; but if it be so great as to in duce the suspicion of fraud or imposition, the court of equity will refuse its aid to the party seeking to enforce it, and leave him to his remedy at law. 2 Jones, Eq. No. C.267. This is upon the ground tbat the specific en forcement of the contract would be oppress ive to the defendant. The court will equally withhold its aid where such enforcement is not really important to the plaintiff, as it will not be in any case where the damages which be may recover at law will answer his purpose as well as the possession of the thing which was contracted to be conveyed to him. Adams, Eq. 83 et seq. As a general rule, a contract to convey real estate will be deemed necessary, and therefore will be specifically enforced ; while one for the transfer of per sonal chattels will be denied any relief in equity unless the chattel have some peculiar value to the person who seeks to obtain it. In most, if not all, slave states, a contract for the purchase of slaves will be enforced specifically in equity upon the latter ground. 3 Murph. No. C. 74 ; 7 Ired. Eq. No. C. 190; 1 McMull. Eq. So. C. 256 ; 3 Munf. Va. 559; 9 Miss. 231.