Bradley collects historic memorabilia, and one of his prized possessions is the

Question

Bradley collects historic memorabilia, and one of his prized possessions is the pistol used by Aaron Burr in his duel with Alexander Hamilton. After reading an article in a magazine, Bradley discovers that Sam owns the matching pistol, used by Hamilton in the duel. Bradley contacts Sam and offers him $500,000 for the pistol. Sam e-mails Bradley that he accepts his offer but that the transaction must be for cash and face-to-face. Bradley responds that he'll be at Sam's home at noon the next day with the money. When he arrives, Sam informs him that he's received an offer of $600,000 for the pistol and states that Bradley must pay that amount or he'll sell to the other buyer. Bradley wants the weapon to complete the set. If he sues Sam, what course of action will best provide him the results he desires?

a. Sue for breach of contract and seek a legal remedy.
b. Sue for an injunction.
c. Bring a suit in equity and seek monetary damages.
d. Sue for breach of contract and seek a decree of specific performance.

Explanation / Answer

d. Sue for breach of contract and seek a decree of specific performance.

Specific performance refers to an equitable remedy available only when monetary damages will not be a sufficient remedy.

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