Section 1A: Remedy in damages no bar to suit for specific performance of contract
108 words·~1 min read·
/ma/part-iii/title-i/chapter-214/1aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1A. The fact that the plaintiff has a remedy in damages shall not bar an action for specific performance of a contract, other than one for purely personal services, if the court finds that no other existing remedy, or the damages recoverable thereby is in fact the equivalent of the performance promised by the contract relied on by the plaintiff, and the court may order specific performance if it finds such remedy to be practicable. If performance is not ordered, damages may be determined in the proceeding, and if the defendant claims a jury on that issue, the issue shall be framed and referred for jury trial.