Reed Foundation, Inc. v. Franklin D. Roosevelt Four Freedoms Park, LLC
Supreme Court of New York
964 N.Y.S.2d 62 (N.Y. Sup. 2012)
The Reed Foundation (plaintiff) provided a grant to Franklin D. Roosevelt Four Freedoms Park, LLC (defendant) to help develop a public park, under a contract requiring the LLC to carve specific commemorative text recognizing and honoring the Foundation, with an explicit provision entitling the Foundation to specific performance if the LLC breached; the LLC failed to carve the text by the contractual deadline, citing aesthetic concerns, and instead offered to refund the grant money. The Foundation sued for specific performance rather than accepting the refund.
Whether specific performance is a proper remedy for breach of contract when the uniqueness of the subject matter makes calculation of money damages too difficult or inadequate to uphold the injured party's expectations.