This is NOT legal advice.
This does NOT make you my client.
Everything about this brief is SUMMARIZED.
Please Like and Subscribe.

Support me:
[ Ссылка ]
[ Ссылка ]

Klein v. Pepsi Co

Facts: Pespsi Co agreed to sell and Klein agreed to buy a jet. Klein paid a deposit on the jet, but Pepsico refused to deliver the jet and argued there was never an agreement. Klein sued for specific performance, for Pepsico to deliver the jet.

Issue: Is specific performance appropriate where damages are recoverable and adequate?

Holding: No, specific performance is not appropriate where damages are recoverable and adequate.

Analysis: Damages are recoverable and adequate because the jet is not unique and Klein can purchase the jet from another party and sue for the difference between the price given by Pepsico and the price of the jet actually purchased.

свернуть