Curtice v. Catts
|Curtice v. Catts|
|Court||New Jersey Superior Court|
|Citation||66 A. 935|
|Date decided||May 4, 1907|
Curtice Brothers Co. ("Curtice") was a tomato canning company. Curtice contracted with Mr. Catts to purchase tomatoes on a certain acreage.
The tomato canning season lasted 6 weeks. Curtice prepared extensively (such as securing labor and much more) because they could can 1 million tomato can in that 6 week window.Catts breached the contract by refusing to supply tomatoes to the canning company Curtice.
Vice Chancellor Leaming: Specific performance is more common in connection with contracts for the sale of land than contracts for the sale of goods.In this case, the special circumstance of the short, 6 weeks of tomato canning season made the breach by Catts very unique. Thus, specific performance is an appropriate remedy.