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Weathersby v. Gore

United States Court of Appeals for the Fifth Circuit

556 F.2d 1247 (1977)

Relevant factsFree

Cotton buyer Weathersby (plaintiff) contracted to purchase cotton from farmer Gore (defendant), who canceled months before the crop was to be picked; both parties agreed substitute cotton was available on the open market, but Weathersby never attempted to buy any. A jury found for Weathersby, and the district court ordered specific performance; Gore appealed.

IssueFree

Whether specific performance is available as a remedy for breach of contract when monetary damages would be an adequate remedy.

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