Ziebarth v. Kalenze

Silver Ziebarth (plaintiff) sued LeRoy Kalenze (defendant) for specific performance of a contract to sell cattle. By the time suit was filed, Kalenze already knew specific performance was impossible because he had sold the cattle. Kalenze never demanded a jury trial, though he would have been entitled to one on the issue of damages. The case was tried without a jury; the court found for Ziebarth and awarded damages in lieu of specific performance. Kalenze moved to dismiss, arguing that specific performance, the only relief Ziebarth had requested, was unavailable, and later appealed, claiming he was denied a jury trial on damages.

Whether a court of equity may award damages in lieu of specific performance without a jury trial where the defendant, knowing that equitable relief is unavailable, fails to demand a jury.