Tuesday, December 3, 2013

Loveless v. Diehl case brief

Loveless v. Diehl case brief summary
364 S.W.2d 317 (1963)

Appellant sellers sought a rehearing after the court's original opinion set aside the chancellor's award of specific performance in favor of appellee purchasers and instead limited the purchasers to monetary damages.


  • The remedy of specific performance in giving the complaining party exactly what he bargained for ordinarily afforded complete and perfect relief and, therefore, was usually awarded as a matter of course. 
  • The court found no valid reason for the denial of specific performance in this case. 
  • In fact, the equities strongly demanded specific performance be afforded. 
  • The purchasers expended money and labor in improving the property, and the improved land was worth more than the contract price. 
  • To deny specific performance and to award instead an amount of damages far below the purchasers' expenditures in improving the property would have resulted in the sellers being unjustly enriched. 
  • To refuse specific relief on account of the proposed resale would establish an unsound precedent and diminish the transferability of property. 
  • The decree had to be modified to require the purchasers to pay interest upon the purchase price and to require the sellers to pay interest upon each monthly installment of rent from its accrual.

The court granted a rehearing, modified the decree, and remanded the cause.

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