The courts are unlikely to order specific performance for contracts for personal service. in No. The defendant, in breach of contract, refused to deliver the machines. In this case, the claimant entered into a contract with the defendant as he wants to purchase a machinery. 03-5165. 22. ⢠See Fry on Spec. Thornton refused to sell the machinery, the court granted specific performance and forced Thornton to sell to Nutbrown. * Moraw Corp. (2d ed.) Harrison, Bunb. Type of contract. Equity bbus9 commercial law bridging contents question question question question references 12 page of 13 question question advertisement can be referenced to the The meaning of -the inscription on the horn has been ignored. 163; FRY, SPecIFIC . MARCUS THORNTON, PETITIONER v. UNITED STATES. 3. 10 Ves. THORNTON V. UNITED STATES 541 U. S. ____ (2004) SUPREME COURT OF THE UNITED STATES NO. to Pet. Injunction occurs when the courts stop one party from taking a specific action. PZWORMANCt, 33, and elsewhere), but the discussion is limited to the equitable question involved. In New York v. 135; Nutbrown v. Thornton. 1 The Circuit Court also held that §3 was severable from the other provisions of the amendment, but that the entire amendment was void under state law for lack of an enacting clause. case, Nutbrown v Thornton (1805) 10 Ves 159 Specific Performance is a remedy when used by a court, for a party to do something specific. The defendant, in breach of contract, refused to deliver the machines. Nutbrown v Thornton (1805) 10 Ves 159 Case summary. for Cert. of the decision are insufficiently reported, (Cf. App. The case appears in many of the case books on writ of certiorari to the united states court of appeals for the fourth circuit [May 24, 2004] Chief Justice Rehnquist delivered the opinion of the Court except as to footnote 4. Nutbrown v Thornton (1804): N had contracted to buy machinery from T, of a type which was not readily available elsewhere. Compare the cases: Nutbrown v Thornton (1805) & Cohen v Roche [1927] The courts are unlikely to order specific performance for contracts for Nutbrown v Thornton (1805) 10 Ves 159 Facts: The claimant entered a contract to purchase some machinery from the defendant. Abr. T eventually refused to sell the machinery; the courts granted specific performance and forced T to sell. Nutbrown v. Thornton, IO Ves. Perf., part vi. I. ⢠2 P. Wms. Nutbrown v Thornton (1805) 10 Ves 159 The claimant entered a contract to purchase some machinery from the defendant. Thornton was the only manufacturer of this type of machinery which was not readily available elsewhere. Notes. § 218. ⢠It was, indeed, said by Lord Eldon in Nutbrown v, Thornton, 10 Ves. However, the defendant breaches the contract and did not deliver the The defendant was the only manufacturer of this type of machinery. 540, pi. 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