LAWS310 Percy Vs. Derby (Write a persuasive argument) Essay

LAWS310 Percy Vs. Derby (Write a persuasive argument) - Essay Example This was how the case of Severson v. Elberon Elevator, Inc. was ruled. Severson was promised the ability to purchase real estate from Elberon Elevator, but Elberon Elevator breached this contract. The court came to the rightful decision that having Elberon merely pay damages would not be enough because the promised real estate was uniquely situated to Severson's needs; specific action would be required. (Iowa Supreme Court, 1977). Similarly, Percy was promised a unique piece of property that was uniquely situated to needs. Darby agreed by contract to sell Percy this one of a kind, hand-crafted gazebo that happens to be well-situated for Percy's hilly backyard. There are no other gazebos like it; no amount of money that Darby paid in damages could buy Percy what he was promised the ability to purchase. Darby also agreed by contract to move and install the gazebo into Percy's yard. No matter how much money Darby paid to Percy in damages, it has been clearly established that there are no other parties willing to undertake this installation. Due to the unique nature of the gazebo and rare willingness Darby showed to install it, Darby fully owes Percy specific performance. Those misguidedly in favor of the defendant, Darby, may point to the case of Yonan v. Oak Park Federal Savings, but they do so in error.