McCallister v. Patton
Arkansas Supreme Court
215 S.W.2d 701 (1948)
McCallister (plaintiff) contracted to buy a Ford sedan from automobile dealer Patton (defendant), who was filling many similar orders in the sequence they were received; McCallister held order number 37. McCallister alleged that even after Patton had received more than 37 cars in stock, Patton still refused to sell him one and thus breached their contract. McCallister sued for the equitable remedy of specific performance, and Patton demurred on the ground that McCallister had not pleaded facts entitling him to that remedy; the trial court sustained the demurrer and dismissed the complaint.
Whether specific performance of a contract for the sale of personal property is only available as an equitable remedy if the property has a peculiar, unique, or sentimental value to the buyer such that money damages would not afford a complete and adequate remedy.