Martin v. Sheffer
North Carolina Court of Appeals
403 S.E.2d 555 (1991)
Martin and Duke (plaintiffs) contracted to buy a printer from Sheffer (defendant) and paid half the price up front. Sheffer delivered the printer five days late — something the contract itself allowed — and Martin refused to accept it, then sued for a refund of the down payment. Sheffer countersued for breach and sought specific performance, since the contract contained a clause specifically requiring specific performance if the buyer breached. The trial court ordered specific performance, and Martin appealed, arguing UCC § 2-708 should instead have limited Sheffer's remedy to lost profits.
Whether, under the Uniform Commercial Code, a contract may require specific performance in the form of paying the purchase price.