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Specific Performance Of A Contract

John Wilson • Feb 11, 2019

Principles of Equity In Enforcing Real Estate & Other Contracts

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The remedy of specific performance is purely equitable in nature and is governed exclusively by the maxims and principles of equity. Steves v. United Services Automobile Association, 459 S.W.2d 930 (Tex.Civ.App.-Beaumont 1970, writ ref'd n.r.e.); Ferguson v. Von Seggern, 434 S.W.2d 380 (Tex.Civ.App.-Dallas 1968, writ ref'd n.r.e.). Suit for specific performance, being a matter of grace, is not one of absolute right. Johnson v. Karam, 466 S.W.2d 806 (Tex.Civ.App.-El Paso 1971, writ ref'd n.r.e.); Rutherford v. Nichols, 253 S.W.2d 306 (Tex.Civ.App.-Eastland 1952, writ ref'd n.r.e.). In order to be entitled to specific performance of a contract, the person seeking such relief must come into court with clean hands, and ‘the contract must be equitable, perfectly fair in all its terms and free from any misrepresentations, fraud, mistake or misapprehension’. Inman v. Parr, 311 S.W.2d 658, 709 (Tex.Civ.App.-Beaumont 1958, writ ref'd n.r.e.).  

In Nash v. Conatser, 410 S.W.2d 512 (Tex.Civ.App.-Dallas 1966, n.w.h.), the Court provides a detailed and comprehensive enumeration of well established guidelines relating to the equitable remedy of specific performances: “To justify specific performance, contract must be reasonably certain, unambiguous and based upon valuable consideration, must be fair in all its parts and free from misinterpretation, misapprehension, fraud, mistake, imposition or surprise, situation of parties must be such that specific performance will not be harsh or oppressive, and one seeking remedy must come into court with clean hands.” 

A party may be entitled to specific performance if: 

(1) the contract is reasonably certain, unambiguous, and based on valuable consideration; 
(2) the contract is fair in every section, void of misrepresentation, misapprehension, fraud, mistake, imposition, or surprise; (3) the parties are so situated that specific performance will not be harsh or oppressive; and 
(4) the party seeking specific performance must come into court with clean hands. 

See Liberty Mutual Insurance Co. v. National Personnel Of Texas, Inc. (Not Reported In F.Supp 2d., N.D. Tex. 2004) citing Nash.  

The question of whether a contract is ambiguous is one of law for the court. Heritage Resources, Inc. v. NationsBank, 939 S.W.2d 118, 121 (Tex. 1996); R & P Enter. v. LaGuarta, Gavrel & Kirk, Inc., 596 S.W.2d 517, 518 (Tex. 1980). A contract is ambiguous when its meaning is uncertain and doubtful or is reasonably susceptible to more than one interpretation. Heritage Resources, Inc. v. NationsBank, 939 S.W.2d 118, 121; Coker v. Coker, 650 S.W.2d 391, 393 (Tex.1983).

Expert Litigation Team for Specific Performance Contracts at Wilson Whitaker Rynell

At Wilson Whitaker Rynell, a premier Dallas litigation firm, we specialize in both litigating and defending specific performance contracts. Our seasoned litigators bring years of experience to the table, ensuring that your case is handled with the utmost skill and dedication. Specific performance contracts require a nuanced understanding of the law, and our team possesses the expertise needed to navigate these complex agreements effectively. Whether you're seeking enforcement of a contract or defending against a specific performance action, we're here to provide the strategic support you need. Trust Wilson Whitaker Rynell to deliver results-oriented legal representation, tailored to the unique demands of your case. Contact us today to learn how we can assist in safeguarding your interests and achieving your legal objectives.

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The Wilson Legal Group are Dallas attorneys that specializes in Patents, Trademarks, Copyrights, Trade Secrets, Complex Litigation, Business/Corporate Law, Family Law and Real Estate Law. At the Wilson Legal Group, our clients are our focus. Our philosophy is simple and straight-forward: Understand our clients' needs, hopes, and interests in order to help them flourish. Our staff strives to build strong relationships with our clients in order to appreciate their best interests and help them achieve their goals.
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