LEGAL PHASES OF COOPERATIVE ASSOCIATIOlSrS. 49 



all wool knit underwear and as against those manufacturers of mixed-wool 

 and cotton underwear who brand their product truthfully. For when mis- 

 branded goods attract customers by means of the fraud which they perpetrate, 

 trade is diverted from the producer of truthfully marked goods. 



SPECIFIC PERFORMANCE— INJUNCTIONS. 



SPECIFIC PERFORMANCE. 



" Specific performance may be defined as the actual accomplish- 

 ment of a contract between parties bound to fulfill it, for a decree 

 for specific performance is nothing more or less than means of com- 

 pelling a party to do precisely what he ought to have done without 

 being coerced by a court." *^ 



May a cooperative association obtain specific performance of its 

 contract with one of its members for the delivery of produce, is a 

 question often asked. It does not permit of a yes or no answer. 

 Specific performance is an equitable remedy. It is fundamental that 

 no one can go into equity to secure specific performance, an injunction, 

 or other equitable relief, where the remedy at law is plain, adequate, 

 and complete. In general, courts of equity will refuse to grant a 

 decree for specific performance if proper compensation for the breach 

 of the contract could be recovered in an action at law. In other 

 words, if full and complete satisfaction could be obtained through 

 the recovery of damages, a court of equity will refuse to decree 

 specific p^^rformance. In the case of contracts involving personal 

 property which can be readily purchased in the market, a decree 

 for specific performance will not, as a general rule, be granted. This 

 is on the theory that the injured party could easily acquire personal 

 property like that called for by the contract, and damages would 

 therefore afford a complete remedy. 



In a Federal case ** in which specific performance of a contract for 

 the delivery of oil from wells operated by defendant was decreed it 

 was said: 



It is now well settled that, when the chattels ai"e such that they are not od- 

 tainable in the market or can only be obtained at great expense and incon- 

 venience, and the failure to obtain them causes a loss which could not be adi^- 

 quately compensated in an action at law. a court of equity will decree specific 

 performance. 



It will be appreciated from what has been said that whether a de- 

 cree for specific performance will be granted in a given case depends 

 upon the facts. 



If the commodity called for by the contract is one which can be 

 obtained only from the party in question, or if it can not be readily 



*8 25 R. C. L. 203. 



** Texas Co. v. Central Fiiel Co., 194 Fed. 1 ; see also Amer. Smelt. & R. Co. v. 

 Bunker Hill & S. Min. & Co., 248 Fed. 172. 



1416—22 4 



