Copylease Corp. of America v. Memorex Corp.
United States District Court for the Southern District of New York
408 F. Supp. 758 (1976)
Copylease (plaintiff) and Memorex (defendant) entered an exclusive-distributorship agreement for Memorex printing supplies, renewable if Copylease hit sales targets, but Memorex breached during the initial term; Copylease sought specific performance, arguing Memorex's toner and developer products were higher quality than any available substitute, and the court found breach and asked the parties to brief the availability of specific performance.
(1) Whether specific performance is available as a remedy if it would require a continuing series of acts and cooperation between the parties; and (2) whether, in a contract for the purchase of goods, the buyer may get specific performance if the breaching seller's product is the best on the market.